Birmingham Property Division Lawyer
Serving Jefferson County and Surrounding Areas
Dividing up the marital property in a divorce, even after a relatively short marriage, can be a difficult and daunting task. If the parties cannot agree on how all that property (and debt) should be divided, then it is up to the judge to decide what kind of distribution would be equitable to both parties. Peeples Law has extensive experience in property division in Alabama divorces, including the complex issues that arise in high-asset divorces. If you are considering divorce in Jefferson County, Shelby County or in the surrounding area, call the Birmingham property division lawyers at Peeples Law to share your concerns regarding how the property owned by you and your spouse will be divided.
Marital and Separate Property in an Alabama Divorce
The property that gets divided in a divorce is “marital” property; each party leaves with the separate property they brought into the marriage, as well as their share of the marital property. It’s important to note at the outset that marital property includes both assets and liabilities; marital debts are divided in a divorce the same as assets are.
The difference between marital and separate property is usually fairly simple to describe. Marital property includes any assets (or debts) acquired by either spouse during the marriage, whether they acquired it together or separately. Separate property, on the other hand, refers to property owned by each party before marriage, as well as any property acquired during marriage by one spouse alone through inheritance or gift. Defining marital property can become complex in situations where the parties commingled marital and separate property or used separate property to enhance or improve marital property or vice versa.
During the “discovery” phase of divorce litigation, each party will be required to disclose all their debts and assets. Essential steps to a fair division include identifying and locating all property, properly characterizing it as marital or separate, and accurately assessing its value. Peeples Law has extensive experience in divorce cases, including high-asset divorces dealing with business valuations, family-owned businesses and other complex assets. We can help make sure both you and your spouse provide complete and accurate disclosures to the court and each other.
Equitable Distribution: The Standard for Property Division in Alabama
Alabama requires an equitable distribution of marital property. “Equitable distribution” is not defined in the law; but instead rest on particular facts and circumstances of each case. Peeples Law can help you negotiate a property settlement with your spouse that meets your needs and will get approval from the judge as an equitable distribution. If you and your spouse cannot agree on how to divide the marital property, we can represent you in court and argue for a fair division based on your needs and desires regarding the marital property.
How Alabama Judges Decide What Is a Fair Division of Property
If it falls to the courts to divide the marital property in an Alabama divorce, the presiding judge will consider a long list of factors to decide how to make an equitable distribution. The judge will look at any relevant factors, including issues such as:
- The length of the marriage
- Each spouse’s age and health
- Each spouse’s needs
- Each spouse’s income potential and ability to earn a living
- The standard of living during the marriage
- The marital properties and their source, value, and types.
- Any misconduct by either party that led to the breakdown of the marriage
Peeples Law can help by putting together the necessary evidence regarding these factors and making a compelling argument to the court regarding the property division. We will fight to see that your interests are fairly represented and that you receive a share of the property most important to your needs.
Call Peeples Law for Help With the Property Division in Your Birmingham Divorce
For help with property division in an Alabama divorce, call Peeples Law in Birmingham at 205-403-5577. Count on Peeples Law for practical advice and zealous advocacy on your behalf.
