In family matters, no FAQ should be relied upon for actionable advice. The personal nature of family law needs to be addressed on a personalized basis so the details of each case can be dealt with properly.
Nevertheless, here at Friedlander Law Firm, we know some questions can be used to help you begin understanding the issues. For that reason, we provide the family law and divorce FAQs below.
Will all our assets be divided equally in a divorce?
Alabama is an “equitable distribution state,” so while assets should be divided fairly, property division may not be equal. Fault may be considered by the court when dividing property.
How will I afford to live after divorce?
During your divorce proceedings a spousal support, or spousal maintenance, agreement may be put in place. As such, one spouse may be required to provide for the other during and/or after the dissolution of the marriage.
How would collaborative law help our situation?
Rather than taking your divorce to court, leaving decisions to a judge, you and your spouse may choose to separate through a collaborative process. Though both of you would still have lawyer representation, the two of you would be ultimately responsible for the terms of your divorce. The process will likely go faster than in court, while being more affordable.
Is child custody granted to the mother?
While that tends to be the case in some states, Alabama courts prefer joint custody. This may not result in equal parenting time, but the state gives preference to both parents being involved in the children’s lives.
When can a child choose which parent they want to live with?
Courts always consider what they believe to be the best interests of the child when they make custody decisions. Under Alabama law, once a child is 11 they may have a say in their custodial situation. Once a child turns 14, they are allowed a more active role in that determination.
Is an attorney necessary for divorce proceedings?
Having legal representation is highly recommended during the process of dissolving your marriage. Considering the highly emotional nature of divorce, our Mobile attorneys will fight to get you what is yours. It is important for your rights regarding spousal maintenance, asset division and child support.