How does a marriage irretrievably fall apart? An unskilled ear could see it as complicated and abstract. Nevertheless, understanding this notion is crucial, particularly if you are considering getting a divorce in Alabama.
Talk to a divorce lawyer in Huntsville, AL, if you need answers to more detailed queries or help.
Dissolving a Marriage: What the Law Says
An uncomplicated method to obtain a no-fault divorce is to assert that the marriage has irrevocably deteriorated. Nevertheless, the parties must satisfy particular criteria to get a divorce in Alabama.
At least one of the partners must have established residency in Alabama for at least six months before initiating the divorce proceedings. The divorce process should take place in the county where your spouse now resides. Additionally, once the divorce proceedings are initiated, it is necessary to adhere to a compulsory 30-day waiting time before finalizing the legal procedure. Ultimately, the court must ascertain that the marriage has become non-operational all efforts to restore it are pointless and inappropriate for all involved parties.
What role does the irreparable breakdown of the marriage play in a divorce?
In Alabama, the irreparable disintegration of a marriage is recognized as a no-fault grounds for divorce. In other words, it is not as hard to show reasons based on blame, such as adultery, for a divorce. But it also affects alimony, child custody, and wealth division in a marriage.
Splitting Up Marital Funds
It is common practice in Alabama for the courts to distribute marital assets equitably rather than evenly. The reasons for the divorce are one of many considerations for the court. Since it is a no-fault ground, the division of assets usually does not consider a claim of irretrievable breakdown. If one spouse can prove that the other engaged in financial misbehavior that contributed to the dissolution of the marriage, then this basic rule might be overturned.
Choices Regarding Child Custody
The welfare of the kid is paramount in any custody proceeding. If the grounds for your divorce are an irretrievable breakdown, the custody arrangement will remain unchanged and will not be adjusted. The exception to this rule occurs only when the causes of the breakdown adversely impact the child’s welfare.
Alimony arrangements
The courts decide spousal support, often known as alimony, after considering several circumstances. Here are some of the aspects to consider:
- The assets of both partners financially,
- How well the couple did financially while they were married, and
- How each partner has enriched the union.
Alimony in Alabama is not determined by whether a marriage has irretrievably broken down, similar to how assets are divided.
