How Will My Property Be Divided?
Advice from Our Birmingham Divorce Lawyers
Dividing your property is a major concern during a divorce. You may be
afraid that your spouse will take too much, or that you will get too little.
These concerns become especially important if one partner works while
the other does not, or if one spouse inherited or received a large estate
during the marriage.
When you need help, count on our skilled Birmingham divorce lawyers at
Shaw Family Law, LLC.
Contact us today to learn more.
Alabama Is an Equitable Division State
Equitable division means that marital property and debts must be divided
fairly between both spouses.
This can be accomplished by any of the following methods:
- Agreeing with your soon-to-be ex on how to divide everything
- Being honest about your assets, and which were received before and during
- Asking the court and the judge for help
- Hiring an attorney as a neutral third-party negotiator
Marital vs. Separate Property
In the state of Alabama, property is considered to be marital or separate.
When you or your spouse has received property before your marriage, the
courts may not divide it, unless that property has been used for benefit
of both parties during their marriage. This, however, is not the norm
and usually only occurs when the marriage has lasted for more than 10 years.
You can reach an agreement with your spouse. In these cases, you may “comingle”
marital and separate property and divide the property as evenly and as
fairly as you see fit. No matter what your situation, it is always in
your best interest to work together to come to an agreement.
At Shaw Family Law, LLC, our Birmingham divorce lawyers can assist you
through the entire process, no matter what the circumstances. Call us
today at (205) 259-7650 to schedule a