Just as you and your spouse were allowed to decide how and where you wanted to elope, you both are also given the right to decide how you want to divide up your property in the event one of you files for divorce. Essentially, what this means is that you and your spouse are permitted, and even encouraged, to come to an agreement on how your assets should be divided when divorcing. So, if couples are allowed to make decisions regarding how property should be split up in a divorce, why do so many people walk away displeased?
Although couples are permitted to work out an agreement with one other that establishes how their marital property will be divided, many are unable to do this successfully. In many divorce cases, there is often one party that either does not wish to part with a specific asset or believes s/he is entitled to more than half of the marital property. Between that and the tension that may have built up because of the divorce filing, it is often difficult for many couples to want to work out an agreement.
So, what happens when a couple in Alabama cannot decide on how they want to divide their property during the divorce proceedings?
In the event a couple is not willing to come to an agreement with one another on how their property should be divided, then the marital property shall be subject to equitable distribution [Source: Alabama Code Title 30. Marital and Domestic Relations §30-2-51]. This means all of the property that is considered “marital” will be divided fairly by a judge. Does this mean the property will be divided evenly down the middle? Not exactly.
When we say the marital property will be divided fairly, that doesn’t mean it will be split up 50/50, although it can be. After a judge weighs in on the matter and reviews income, financial needs, personal assets, etc., s/he will then decide how the marital property should be divided up. Now, if you want to be sure the property belonging to both you and your spouse is divided fairly, it is best that you are represented by an experienced Alabama divorce attorney.
An Alabama divorce lawyer is not only going to walk you through the entire divorce process so that you don’t have to go through it alone, but they are going to look out for your best interest at all times and push for an outcome that is in your favor. Now, if you have questions pertaining to filing for divorce in Leeds, Moody, or Springville, Alabama, or you are ready to retain an attorney, Hill, Gossett, Kemp & Hufford, P.C. is open and available to help you.
Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.
Hill, Gossett, Kemp & Hufford, P.C. can be reached at:
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Phone: (205) 640-2000
7900 Parkway Drive
Leeds, AL 35094
Phone: (205) 699-5500
6441 U.S. Highway 11
Springville, Alabama 35146
Phone: (205) 467-2225