Divorce can be a very trying and emotional situation. It is important to take certain strategic steps to protect yourself, your children, and your assets, even in an amicable divorce. Attorney Sarah Rutledge practices and devotes herself heavily to divorce law with the purpose of helping people in desperate situations reach a place and point of peace and healing in their lives.
Issues Addressed in Divorce
Divorce terminates your marriage so that you are free to move on and, if you wish, remarry. It also settles several issues including:
Contested vs. Uncontested Divorce in Huntsville, Alabama
Huntsville divorce attorney Sarah Rutledge handles both contested and uncontested divorce. No one can be denied a divorce. A contested divorce is one in which spouses cannot come to an agreement on the terms of the divorce.
An uncontested divorce is preferable because you and your spouse create an agreement on the term that both of you are satisfied with, rather than leaving those decisions to strangers. However, that is not always possible.
Grounds for Divorce in Huntsville, Alabama
In Alabama, you can seek a no-fault divorce on the grounds of incompatibility, irretrievable breakdown of the marriage, or the fact that you and your spouse have lived separately for at least two years.
Alabama also recognizes several grounds for fault divorce. Fault may be considered if the court decides matters of child custody, property division, and/or alimony for you.
Fault grounds include but are not limited to:
- Abandonment for at least one year
- Alcohol or drug addiction that started after you were married
- Serious physical violence or the reasonable fear that physical violence will occur
Division of Property
Alabama divides property according to equitable distribution. Property is not necessarily divided in half between the spouses, but in a way that the court believes fair. In determining how property will be divided, the court considers many factors including:
- The length of the marriage
- Standard of living established during the marriage
- Age, health, income, earning ability, assets, liabilities, and needs of each spouse
- Contribution of one spouse to the education, training, or increased earning power of the other spouse
- Services of each spouse as a parent, wage earner, or homemaker
- Sources of income including any benefits
- Opportunity of each spouse to acquire income and assets in the future
- The value of the property distributed to each spouse
- Tax consequences
- Who will have the children the majority of the time
If you are considering or facing divorce, the Law Office of Sarah Elise Rutledge, LLC can help during this difficult time. Please call us at 251-300-1653 or contact us online to schedule your free consultation.