Women's Alabama Divorce Lawyers
Usually, the divorce advice available for women is grounded in experience with stereotypical situations. It lacks considering the broad range of circumstances that affect women now. Today we have dads and moms who stay at home, conditions where both spouses are equal, and homes where women are the breadwinners. The advice provided to women during divorce also needs to account for these new circumstances.
Alimony is not guaranteed to women after a divorce in Alabama.
It is a common belief that women get alimony after a divorce. It is not the case in every divorce matter. The courts grant alimony only if it concludes that you do not have a sufficient separate estate to maintain the same lifestyle that existed during the marriage. While considering an alimony case, the court finds any marital misconduct by the spouse, such as adultery, and whether he has the economic means to pay alimony without facing undue hardship.
While you may seek the court to grant you alimony, it is never guaranteed. Another possibility is that you are given alimony only for a period during the pendency of divorce proceedings. It is called temporary alimony and is usually awarded during the divorce proceedings only after your attorney files for a Pendente Lite Hearing. Alimony may also be granted after the divorce is final, which is called rehabilitation or periodic alimony. The judges presiding over the divorce proceedings have a great deal of discretion when deciding about alimony payments. The court usually takes the following into account:
- Individual assets of the spouse.
- The length of the marriage.
- Wage earning capacity of each spouse.
- Liabilities of each spouse following the distribution of marital property.
- The quantum of marital property each spouse will receive.
- Any benefits that will help a spouse obtain and maintain gainful employment.
- Depending on with physical custody of the child from the marriage, the court will consider that the custody will preclude the spouse from gaining employment outside the home; and
- Any other factor the court deems necessary in the interest of equity and justice.
You can negotiate alimony outside of the court with your spouse, especially if they have been the sole breadwinner in the family.
Women may have to pay alimony during or after a divorce.
Paying spousal support is not contingent on gender but on the financial ability of the other spouse to support themselves during the marriage and after divorce. The reason to grant alimony is to ensure that neither party is left in the lurch economically after the divorce.
If your spouse is a stay-at-home parent and you have a higher income and a separate estate, your spouse will likely ask for alimony if divorce occurs. Independent of whether your husband or wife seeks the alimony, the court will apply the same standards to decide alimony.
Facing divorce as a stay-at-home mother
It is not uncommon for women facing divorce to have been stay-at-home parents for years. You may have quit your job to start or take care of your family or have scaled back to accommodate the needs of your kids and your family. These factors need to be accounted for in your divorce. To re-join the workforce, you will need to update yourself with the education and training, and it might still take months to find a job. The difficulties faced in returning to work need to be considered a substantial factor while determining paid alimony. You deserve to have crucial financial support while you make the radical lifestyle changes due to the divorce.
Your contribution to your household as part of your marriage is significant and ought to be considered valuable. The tasks you shouldered, such as cooking, cleaning, being the primary caregiver to your kids from the marriage, running them to school and household errands, allowed your spouse time to work and make a living for the family. A divorce lawyer who understands these nuanced factors incredibly vital to alimony decisions can help you get what you rightly deserve.
Women or mothers do not always get child custody.
You must have heard that the mothers are more likely to get full custody of their children. While this was probably true a couple of decades ago, it is not so anymore. While deciding on visitation and child custody, the courts in Alabama keep the well-being of the child paramount. The court will look at the child's best interest in any custody order or custody agreement in a divorce. Despite whether you are the mother or the child's father, the judge decides on custody wherever the child or children will be the safest, happiest, healthiest, and best looked after.
Precisely why the emphasis is on joint custody to allow the children to contact both their parents unless specific circumstances prevent it. Under Alabama Code 30-3-150, the state's policy provides minors with regular and continuing contact with both you and your spouse. The policy also promotes sharing of the rights and responsibilities of raising kids between the parents.
The policy does not automatically grant joint custody, and the other parent may have physical custody greater than you. As a mother, if you want greater custody or full custody, it is best to work with experienced divorce lawyers for women in Alabama from the very beginning.
Need women's divorce lawyers in Alabama?
If you are a woman thinking about divorce and need someone who understands your needs, then we at Alabama divorce law firm are here to help. We at Alabama divorce law firm have won numerous awards for family law and divorce. We regularly represent clients facing divorce, child custody, child custody modifications, and military divorce throughout Huntsville, Madison, Limestone, and Morgan Counties. We pride ourselves on giving each client the individual attention they need, and our representation in the divorce fight is dictated by our client's wishes. We have experienced women and men divorce lawyers that are skilled in practicing Alabama divorce law for decades. Please get in touch with us here for a free consultation, or call us at 256-692-5333. Please be sure also to review our delighted client testimonials.