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     The information contained herein is not offered as, and does not constitute, legal advice. For legal advice specific to your situation, contact an attorney.

General

Q. What is the difference in a "contested" and "uncontested" divorce?

A. An "uncontested" divorce is just that; a divorce in which all aspects can be agreed upon by the parties without the need of litigation. This would include agreement on custody, child support, visitation, property division, alimony, etc. If any issue cannot be agreed upon by the parties then this would constitute a "contested" divorce which would require litigation.

Q. How is alimony determined in Alabama?

A. The Court again has discretion in determining alimony to be paid, taking into consideration such factors as: length of marriage, ability of the parties to earn, age of the parties, health of the parties, etc. Alimony can be in the form of "Rehabilitative (temporary)", "Periodic (monthly)", or "Alimony in Gross (lump sum)".

Children

Q. How is child support calculated in Alabama?

A. Alabama has Child Support Guidelines which take into consideration each parents gross monthly income along with monthly cost of medical insurance and any work related day care expense. The concept is that the children should enjoy the standard of living that they would have enjoyed had the parents remained togther.

Q. How long is child support paid?

A. Child support must be paid until the minor child has reached the age of majority or until the child marries or becomes self-supporting. The age of majority in Alabama is nineteen (19) years of age.

Q. How is custody of a child determined in Alabama?

A. Child custody is determined by the Court with the "best interest of the child" standard. A child's wishes are to be given weight but are not controlling on the Court. Once the initial determination of custody is determined any subsequent Petition to Modify Custody places an increased burden on the petitioning party. Alabama has established that "Joint Legal Custody" is state policy but "Primary Physical Custody" is granted to the parent with whom the child will reside. The parent who is not granted "Primary Physical Custody" will be awarded liberal visitation rights.

Q. Can the parents be required to pay for college expenses?

A. If the child is desiring to attend college and has shown the aptitude to do college level work the Court can require either or both parent(s) to assist in the child's college expenses. These expenses are limited to tuition, room, board, books, and mandatory fees. Any Petition for Post Minority Support must be filed before the child reaches the age of majority. The parent must have the ability to pay for these expenses.

Property

Q. How is personal property divided in Alabama?

A. In general, property which is the parties' property prior to the marriage remains with that party, unless used for the "benefit of the parties." If the property was used for the "benefit of the parties", the Court has the discretion of dividing the property. Alabama operates under an "equity" policy which allows the Court to do what it believes is just and fair given the particular circumstances.

Q. What will the Court do with a marital home?

A. The Court has discretion over the division of the marital home and this can become a complicated issue. The Court can award the home to either party or can require the sale of said home. The equity in the home, payments due on the home, and their treatment are also within the discretion of the Trial Court.

Q. Can the Court divide "retirement accounts"?

A. The Court has limited discretion on retirement accounts, of which certain limitations include that the parties have been married for a period of ten (10) years during which the retirement was being accumulated, that the Court cannot include monies which were acquired prior to the marriage, and that the total amount awarded to the non-covered spouse cannot exceed 50% of the benefits allowed to be considered. This is a complicated area of the law and the above statement should be considered as only a minimal part of the law relating to retirement account divisions.