Some Alabama divorces are a simple agreement involving distribution of assets, but many are not. Some parties in these cases use immoral methods to withhold finances from their partner during a separation. An example of this is the dissipation of assets. This takes place when someone uses excessive spending or borrowing as a means of wasting marital assets. It is an unfortunate but real aspect of human nature that some people will use any means available to them to maliciously and greedily steal what should be shared assets for themselves, and with this reality it is necessary to address these situations and be sure each party receives what they are due.
Preparing for Divorce for Men
Going through a divorce can be difficult, but making the best possible choices during the process can significantly help you when court decisions are made. While misdeeds can be performed by either sex, males may often find themselves in a position more likely to make a mistake that could affect the outcome of their divorce.
You must first be an Alabama resident before you can file for divorce in Alabama. If a court determines participants of a divorce to not have jurisdictional rights to a case, it will most likely be dismissed. For a divorce in Alabama to meet residential requirements, at least one party must have been a resident of Alabama for at least six months before the complaint is filed. Divorce may be filed for in the county of the defendant resides or the county in which the party lived during the separation. If the defendant is a non-resident, complaints are filed in the county of the other party.
How can I get a divorce in Alabama?
The grounds on which a divorce may be granted vary by state. Divorce cases in Alabama can be either fault or no-fault. Whether a party is at fault may be considered in the splitting of estate and assets. Examples of no-fault cases include incompatibility or voluntary abandonment of at least one year prior to the complaint. Examples of fault cases include marital infidelity and domestic violence.
How is child custody handled in Alabama?
Child custody in Alabama divorce cases depends on several factors. These include the age of the child and whether the child is an appropriate age to understand the situation well enough to make decisions, as well as the child’s other familial relationships, health, and education needs. Child support payment in Alabama is based on a standard worksheet available through state websites.
How are division of assets handled in Alabama divorce?
Division of marital property and marital debts can be simple or complex and may be expensive depending on the nature of the complaint and any specific misconduct of the defendant. Hiring an attorney with experience and thorough knowledge of the law is the way to get the best results in the case outcome.
How can I protect my assets during divorce?
You can begin by not doing anything related to your marital assets. While it may be tempting to cover up assets and move money out of your spouse’s and the court’s view, this will just lose your credibility in court and put you in a much worse position when the court decides how to distribute assets. Maintain an honest approach and reveal all assets belonging to you.
Furthermore, do not submit to the temptation to move out of your house. Though you may be ready to leave, it is generally best to stay in the house you are living in if you own it. Until a court says otherwise, you are allowed to live in a home you own. Moving into another locations means supporting two households.
This may be an exciting time for you, a world of future hope and new possibilities. But do your best to keep this excitement to yourself and don’t share it with your wife. If you are involved in a new relationship, this may negatively impact your divorce case in regards to child custody and alimony. And don’t forget social networking sites like facebook are public, so don’t ever post anything to the Internet you wouldn’t want getting out to the world.
It is also best to keep all your feelings to yourself, or not share them with your spouse. One or both of you may be angry, but don’t let a conversation escalate into an argument that can make you look like a threat to the court. Just keep calm and know everything will be worked out in time through the appropriate avenues.
What is Bad Faith?
These licentious acts are in bad faith, a conscious misdeed with dishonesty or misrepresentation of true intent. These are differentiated between simple cases of poor judgment or isolated incidents of negligence. In bad faith a party intentionally acts to withhold marital assets from the other party. The party may also attempt to obstruct the law by misrepresenting facts as they are discovered. These actions are considered when determining payment and sanctions.
Another example of bad faith is the secretion of assets, where one party hides assets that would be distributed between both parties during settlement. This can take place as soon as the acting party begins considering a divorce. Naturally this can become very complicated and expensive, requiring forensic accountants to analyze financial records for evidence. Assets can be hidden in the form of conveying them to friendly third parties and closely-owned businesses that can be difficult to value.
Bankruptcy in Alabama Divorce
Sometimes bankruptcy is used in bad faith to a party’s advantage in divorce cases, such as to avoid making payments and distribution of property and alimony. The law is capable of identifying when action is taken to avoid post-marital support and keep this from allowing a spouse to avoid rightful payment.
It is important to hire an attorney capable of procuring all finances and assets you are due and work in good faith for you even if your spouse does not give the same courtesy.