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What is a Prenup and How Can It Protect Me in a Future Divorce

A prenuptial agreement, or prenup, is a contract regarding debts and assets that future spouses enter into prior to getting married. In Alabama, in order to be valid, a prenuptial agreement should be in writing and signed by both spouses. The parties should enter into a prenup after a full disclosure of debts and assets. …

What is the Difference Between Legal Separation and Getting a Divorce

In Alabama, two spouses who get legally separated are still considered to be legally married. The earnings, including retirement benefits, or accumulations of assets of either spouse that they receive after the decree of legal separation are the party’s separate property. The court will not consider these earnings in a later divorce action. A spouse …

What is a Default Divorce in Alabama Courts

In Alabama, a default divorce is a divorce that the court orders when the responding spouse does not respond to the divorce petition within a specified time limit. Generally, that time limit is thirty days. The plaintiff, through their Birmingham divorce attorney, can request a divorce judgment by default by filing a motion.  In a …

Can a Prenup Protect Inheritance in Alabama

Generally, a prenuptial agreement is not necessary to protect an inheritance in Alabama. Money or property received from an inheritance are solely the property of the spouse who received them. The items are termed separate property. The court in a divorce will not generally divide an inheritance for one spouse between the spouses upon divorce.  …

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