When a divorce case gets bogged down in a fight about property division, oftentimes it is because the divorcing couple is trying to get an even split. However, in Alabama, the legal concept of “equitable distribution” rules the day in the property division issue of a divorce case. Under this concept, divorcing couples shouldn’t necessarily expect a 50/50 split of assets.
Instead, if the issue of property division is left to a family law judge to decide, that judge will focus on what a “fair” split of assets would be for the divorcing couple in question. In many cases, that decision is not, in fact, a 50/50 split.
So, will property division be the main issue in your divorce case? If it is, our readers should understand that sometimes the best approach to this issue is to attempt to negotiate an out-of-court settlement between the soon-to-be ex-spouses. This could save the divorcing couple time and money. However, this approach may not be feasible for some couples, particularly if there is built-up animosity over the divorce in the first place. So, in some other cases, divorcing couples may have more success with mediation, which is a process in which a neutral third-party mediator works with the divorcing couple to attempt to resolve the issues in the case.
How will your case be decided?
However, the reality is that there are some divorce cases in which direct negotiations or mediation simply won’t work. In those cases, the dispute plays out for a family law judge to decide. No matter which direction your divorce case is headed, you need the right information to make the best decisions for your own unique circumstances.