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Top Five Things to Keep in Mind as You Begin the Divorce Process

Divorce is a difficult process. It can be emotionally and financially draining. As you begin the divorce process, let your attorney know your budget and time restraints. That will help you budget when you can allocate money and energy to the divorce.  There are certain events that may take extra time and money, such as …

The Top Five Questions Asked About an Uncontested Divorce

What is an uncontested divorce? The first most asked question about an uncontested divorce is “What is it?” An uncontested divorce is a divorce in which both spouses are willing to end their marriage and have come to an agreement and mutual understanding regarding the circumstances of their divorce. Because the agreement is filed at …

What is Considered Marital Property in a Divorce

Property that is acquired during the marriage is deemed marital property. Marital property includes:  salaries that the spouses earn during the marriage retirement accounts they establish during the marriage property they purchase during the marriage  businesses they start during the marriage, and debts they enter into during the marriage. Separate property is property that a …

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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