Articles Posted in Property Division

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When Alabama residents consider a divorce, they may focus on how their assets could be divided once the marriage has officially ended. However, it’s important to note that both assets and debts are split after a divorce. Whether someone will be obligated to pay off a debt or not frequently depends on the type of debt in question.

For example, credit card balances on accounts that are in both spouses’ names will generally end up being split up evenly. However, if a credit card is only in one name, the balance will usually end up being that person’s responsibility.

Whether someone ends up with a mortgage and the marital home often depends on the incomes of both people and if the marriage resulted in children. The person with the greater income or custody of children will generally be given both the home and mortgage responsibility. That spouse will often have to buy out the other person’s interest in the home. Couples also have the option of selling a home and splitting the profit, which avoids the issue of homeownership debt.

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Divorce can happen to anyone, including members of the military. Just like a civilian divorce, a divorce involving a member of the military must address issues such as property division, child custody, child support and alimony.

However, a military divorce is unique in many ways, as well. There are certain laws in place that protect members of the military and their spouses that don’t apply to civilians. Military retirement or pension benefits as well as disability benefits are both very important aspects in any military divorce.

Jurisdiction is also an issue that needs to be addressed in many military divorce cases. In order to file for divorce in a particular state, residency is required, which can be difficult for members of the military to achieve if they have only been stationed in the state for a short time.

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So what can you do to protect yourself?

First, it is best to avoid trusting your soon-to-be ex with your finances, both generally and in terms of taxes.

If your divorce was not yet final on the last day of the tax year, then you have the option to file jointly, but you might not want to. Filing separately can offer you added protection, and while you may lose out of some benefits of filing jointly, you will know that your ex is not getting you into trouble with the IRS.

If you do file jointly, make sure to check that your tax forms have been completed properly and filed with the IRS on time. And, of course, don’t sign anything until you have read it thoroughly.

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The Alabama legislature is considering a bill that would result in some major changes for people getting divorced in the state. First, Alabama Senate Bill 208, which was introduced this month, would reverse the currently policy that requires judges to wait a full 30 days after a divorce complaint is filed to grant the divorce.

The new law would allow the court to grant a divorce within 30 days of the filing of the complaint, making it possible to obtain a divorce in much less time.

Under current law, a divorce cannot be granted if there are still issues to the divorce pending, such as property division, child custody or alimony. However, the new bill would reverse this policy as well, allowing for a divorce to be granted even when there are still issues pending.

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In our last post, we discussed the important issue of deciding what to do with the marital home during your divorce. In this post, we are going to discuss deciding what to do with the marital home after the divorce.

As we stated in our last post, the marital home is many couples’ largest asset, but it can also be the biggest source of debt for other couples. Either way, it is likely the biggest investment that that the couple has made in life.

Additionally, the marital home often holds a lot of sentimental value for one or both spouses. For all of these reasons, the marital home is often one of the most important aspects of the property division process during a divorce.

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For some couples in Alabama, the marital home is their most valuable assets. For other couples, it’s their biggest source of debt. Either way, deciding what to do with the martial home during a divorce is not a decision that should be taken lightly.

Additionally, many families have strong emotional attachments to their homes that can render decision-making even more difficult. Here are a few tips to consider that may help you decide what to do with your home while your divorce is pending.

When deciding what to do with the home during the divorce process, find a solution that will work for your unique situation. If you still get along with your ex and are trying to save money, it might be a good idea to both remain in the home until the divorce is completed and you find a more permanent solution.

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Have you seen all of the advertisements out there claiming that you can get divorced for a couple hundred dollars? Or the ones saying that you complete a “DIY” divorce without ever having to talk to a lawyer?

You might have been tempted by the low cost of these options, but keep in mind that when it comes to legal services, you get what you pay for… or don’t pay for.

Divorce is one of the most important legal processes you will ever go through. The outcome of your divorce will affect your life — and the lives of your children, if you have them — for many years to come. That’s why it’s important to make sure it’s done right.

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Most people know that lying under oath in criminal court is considered perjury and is punishable by serious consequences. However, some people don’t realize that perjury can also happen in family court, and it, too, is taken very seriously.

There is a misconception that it is okay to lie about income or hide assets in divorce cases, but that is simply not the case, and an Alabama police chief recently learned this the hard way.

The former LaFayette police chief stepped down from his job earlier this month after being fined for perjury and presenting false documents during his divorce proceeding.

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There is a widespread belief that 50 percent of marriages end in divorce in the United States, but according to actual data, that percentage is far from accurate.

The New York Times recently reported that the divorce rate peaked in the 1970s and early 1980s but has been on the downswing since then. In fact, roughly 70 percent of marriages that began in the 1990s made it 15 years (notwithstanding the death of a spouse), and couples who entered marriages in the 2000s appear to be divorcing even less frequently.

Social scientists have tried to report this information to the public, but it seems everyone — including the media — has remained fixated on the “50 percent and climbing” fact, the Times reported.

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Happy Veterans Day to all military service members, and a heartfelt thank you for your service!

Today we will discuss a few ways in which military divorce is different from civilian divorce. Although a military divorce follows the same process as civilian divorce and takes place in the same family court setting, there are unique rules and factors that apply. 

A concern that often arises at the onset of a military divorce has to do with jurisdiction. In a civilian divorce, jurisdiction usually is not an issue if the parties are living in the same state.