Our divorce attorneys in Mobile, Alabama discuss what happens to the marital home when a couple divorces
Mobile, AL- Getting a divorce in Alabama entails many issues with child custody being one of the biggest and most contentious. Another acrimonious issue many divorce couples in Mobile encounter is what happens to the marital home. For many Alabama residents, their home is their most valuable possession and a source of deep sentimental attachment. In this article, USAttorneys team of divorce attorneys will discuss the marital home.
Should both parties remain in the home?
While there is no legal requirement for a couple to live apart before they file for divorce in Alabama, dissolution lawyers recommend one spouse move out of the marital home. The tension between a couple can make it difficult for a couple to compromise with one another and staying under the same roof can create even more conflict. When a couple is no longer living together, they are more likely to work together through settlement negotiations. Living apart will also make the period of divorce easier on a couple’s child or children since they won’t be subjected to daily confrontations.
If one spouse moves out of the marital home, will they lose the house in the divorce?
Leaving the family home, in most cases, won’t impact how the home and other property is divided in the final divorce settlement. It will, however, place an additional financial burden on the higher earning spouse as they will have two households to maintain. During tough economic times, some couples choose to live together because they cannot afford to maintain two households, this may be a doable situation in some states, but some states won’t begin the divorce process until you’ve lived separately from your estranged spouse.
Will moving out of the marital home affect child custody?
Alabama has a fault and no-fault divorce, so it depends on the circumstances of their divorce will dictate whether leaving the family home will ultimately affect final child custody arrangements.
If a couple files for a no-fault divorce, moving out of the marital home will not impact how a couple’s home is divided. Alabama is an equitable distribution state, so most assets, marital home included, are divided equally.
On the other hand, if a couple files for a fault divorce, who retains possession of the home may affect child custody depending on the reason a fault divorce is granted. For example, if one parent abandons the family and moves out of the home, they could be denied child custody or visitation.
How is the marital home divided in Mobile?
When a couple files for a no-fault divorce, and their assets are divided equitably. That doesn’t necessarily mean the property is divided 50/50; it just means that property is divided after certain factors are taken into consideration, including each spouse’s income and their earning potential, their financial needs and the needs of their children.
Before making any decision on who should leave the family home, USAttorneys recommends you speak with a divorce attorney in Mobile, Alabama. They will help you obtain the divorce settlement you deserve.