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5 Most Commonly Asked Questions in a Divorce Consultation

Consulting with a divorce lawyer in Birmingham, AL, can be a daunting experience, especially when navigating the complexities of family law and child custody. Here are five commonly asked questions during a divorce consultation, along with expanded explanations to help you understand the process.

1. Should I be the first to file?

The decision to be the first to file for divorce depends on various factors specific to your situation and your divorce lawyer’s strategy. Filing first can offer certain advantages, such as choosing the court and having control over how and when to serve your spouse with the court filing. Being the first to file allows you to present your case and evidence first, set the stage for depositions, and have the final word in a trial. However, your lawyer will evaluate whether these factors are beneficial for your case.

2. Why did my spouse ask for so much in the Petition or Complaint for Divorce?

It's common for a spouse’s lawyer to request more than they might actually expect to receive in the initial Petition or Complaint for Divorce. This approach ensures that they preserve the right to argue various issues if necessary. The demands listed initially often reflect a broad range of requests to cover all potential grounds, rather than a precise indication of what will be settled on or awarded by the court. Your divorce lawyer in Birmingham, AL, may adopt a similar strategy to protect your interests.

3. What are the chances my case can be settled?

The majority of divorce cases are settled before going to trial, involving compromises from both parties. However, predicting the likelihood of settlement for your specific case is challenging. Your lawyer will discuss the pros and cons of pursuing a settlement versus proceeding to trial, providing insight into possible outcomes. Each case is unique, and your child custody lawyer in Birmingham will strive to reach an agreement that serves your best interests.

4. What date is used to value assets in my estate and how is everything going to be divided?

The valuation date for marital assets can vary. In Alabama, assets are typically valued as of the date of filing, but the court has discretion to include post-filing assets and income in the equitable distribution. You and your spouse, often with the help of financial experts, will determine the values of your assets and liabilities. If you can't reach an agreement, these values will be presented to the court for a final decision. Your divorce lawyer in Birmingham, AL, will guide you through this process to ensure a fair division of assets.

5. May I date before my divorce is finalized?

Alabama is a fault-based divorce state with "no-fault" divorce grounds. Legally, you are considered married until the court issues a final decree of divorce. Dating before your divorce is finalized can negatively impact your case, as it may be viewed unfavorably by the court and can anger your spouse, complicating the settlement process. Additionally, if you have children, dating can affect them emotionally and should be carefully considered. Seeking advice from your child custody lawyer in Birmingham on how to handle such situations is essential.

For personalized guidance and to address your specific concerns, consult with a qualified divorce lawyer in Birmingham, AL. They can provide the expertise needed to navigate your divorce and child custody matters effectively.

The information contained in this material is being provided for general educational and informational purposes only, with the specific understanding that it is not intended to be used or interpreted as specific legal or tax advice.

The content is not intended to be a substitute for professional legal advice. Neither Jessie Keating Hardy nor J. Hardy Family Law are establishing any attorney-client relationship with this informational article. If you have questions, you should consult with a lawyer experienced in domestic law.

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4 Changes that Affect Family Law / Divorce Cases

Family law in Alabama has seen significant changes recently, impacting alimony, child support, tax brackets, and more. Below, we detail these important updates to help you navigate the legal landscape.

Life Insurance Policy Court-Ordered to Secure Alimony Obligation

A recent case from the Alabama Court of Civil Appeals, Turney v. Turney, clarifies that trial courts lack the authority to mandate life insurance to secure alimony payments. This case, decided on December 2, 2022, overturned a previous ruling that required a husband to maintain a life insurance policy to cover periodic alimony obligations to his wife. The court reasoned that alimony payments terminate upon the payor's death, making it inequitable to require life insurance as an additional benefit beyond the end of the alimony obligation. However, parties can still voluntarily agree to maintain life insurance as part of a negotiated marital settlement.

New 2024 Tax Bracket Adjustments

The IRS has adjusted the income limits for tax brackets by approximately 5.4% for the 2024 tax year to account for inflation. This update aims to prevent "bracket creep," where inflation pushes incomes into higher tax brackets without actual increases in living standards. There are seven federal income tax rates: 10%, 12%, 22%, 24%, 32%, 35%, and 37%. The standard deduction will also increase, with amounts varying by filing status. For instance, married couples filing jointly will see their standard deduction rise to $29,200, single filers to $14,600, and heads of household to $21,900. Additionally, limits for Flexible Spending Accounts and Health Savings Accounts will increase, offering more tax advantages for healthcare expenses.

Alabama’s New Child Support Calculations for Joint Physical Custody

Effective June 1, 2023, Alabama revised Rule 32 of the ARJA Child Support Guidelines to better address joint physical custody scenarios. The amendment ensures that financial responsibilities are fairly shared between parents who have equal physical custody of their child. Previously, child support calculations assumed primary custody by one parent, often leading to imbalances. The revised rule introduces a 150% multiplier to the basic child support obligation in joint physical custody cases, using the CS-42-S Form to reflect these changes accurately. This update aims to create a more equitable financial arrangement for both parents.

Alimony Updates Refresher

Significant changes to alimony laws have been in effect since January 1, 2018. Alabama law now favors rehabilitative alimony over permanent periodic alimony. Rehabilitative alimony is limited to five years, provided the recipient can demonstrate the ability to achieve financial independence within that period. If necessary, the court can extend this duration, but it cannot exceed the length of the marriage, except in cases of marriages lasting over 20 years, where permanent alimony can still be awarded for good cause. These changes aim to help recipients transition to self-sufficiency while preserving the economic status quo of the marriage.

Please consult your attorney or legal counsel for more information on how these updates affect your individual situation.

These updates highlight the evolving nature of family law in Alabama, ensuring that legal practices keep pace with changing societal needs and economic conditions. For more detailed advice and personalized guidance, always seek professional legal assistance.

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