Question 1

Is everything split 50/50 in an Alabama divorce?

Accepted Answer

No, Alabama follows equitable distribution, which means assets are divided fairly, not necessarily equally. The court considers factors like each spouse’s income, their contributions to the marriage, and any future financial needs when determining asset division. Marital assets—property and debts acquired during the marriage—are subject to division, while separate property—such as inheritances or gifts—usually remains with the original owner. In some cases, one spouse may receive a larger share due to factors like misconduct or financial disparity. Our Alabama divorce lawyers at New Beginnings Family Law help clients understand their rights and fight for a fair division of assets that protects their financial future.

Question 2

Do mothers always win custody battles?

Accepted Answer

No, Alabama law does not favor mothers over fathers—custody decisions are based on the best interests of the child. When approving or assigning custody arrangements, the court will consider factors like each parent’s ability to provide a stable home, financial resources, the child’s relationship with each parent, and any history of abuse or neglect. While mothers may get awarded primary custody more often, courts today do recognize the importance of both parents in a child’s life. Fathers have strong rights and can seek joint or primary custody when it is in the child’s best interest. At New Beginnings Family Law, our child custody attorneys advocate for both mothers and fathers. Our mission is to help build strong cases for custody arrangements that serve your child’s long-term well-being.

Question 3

Can my ex claim my military pension after our divorce?

Accepted Answer

Yes, under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a military pension may be divided in a divorce, but it is not automatic. Alabama courts can treat military retirement as marital property, and the portion subject to division depends on factors like the length of the marriage and years of military service. The 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) pays a portion of the pension directly to an ex-spouse. This rule states that if a couple was married for at least 10 years, with the service member having at least 10 years of creditable military service during the marriage, the DFAS can directly pay the former spouse their court-awarded portion of the military pension. But even shorter marriages may still result in pension division. Our military divorce lawyers understand the ins and outs of these systems and work hard to protect service members’ rights and financial futures. Reach out today to learn more.

Question 4

What would disqualify me from being able to adopt?

Accepted Answer

Several factors could prevent someone from adopting in Alabama, including a criminal record with violent or child-related offenses, financial instability, or failure to meet state home study requirements. The state requires adoptive parents to pass background checks, demonstrate financial capability to support a child, and provide a safe, stable home environment. Additionally, certain health issues or an unstable living situation could impact eligibility. Each adoption case is unique, and even if challenges exist, solutions may be available. Our adoption attorneys at New Beginnings Family Law are passionate about bringing children and loving families together. If you’re concerned about your eligibility, give us a call today.

Question 5

Do I need a surrogacy attorney in Alabama?

Accepted Answer

Yes, working with an experienced surrogacy attorney is essential for protecting everyone involved in the arrangement. Alabama does not have comprehensive surrogacy statutes, which means the legal landscape can be complex and uncertain. A knowledgeable attorney will draft a thorough surrogacy agreement that outlines parental rights, compensation terms, medical decision-making authority, and other critical details. Your attorney will also guide you through the process of establishing legal parentage, which may require court proceedings depending on your specific circumstances. Whether you're an intended parent or a surrogate, having dedicated legal counsel ensures your rights and interests are protected throughout this life-changing journey.

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