As recently commemorated by the Alabama NewsCenter, same-sex marriages were only legally recognized by Alabama in 2015. Because the ruling that legalizes same-sex marriages is so new, unique challenges arise when same-sex couples pursue a divorce in Alabama. Since same-sex marriage is a relatively new legalization, determining when a marriage actually started will play a big part in determining how it ends.
If you’re pursuing a same-sex divorce in Alabama, it’s more important than ever to have competent and compassionate legal representation on your side. A family law team will not only help you and your partner come to an agreement regarding your assets, parenting roles, and alimony agreements, but because legal same-sex marriage in Alabama is so new, a legal team is also required to help determine when your marriage began. For some couples, their marriage began after the 2015 ruling, but many couples have been married much longer than that, even if not recognized by Alabama courts. Your family law team will help determine if your marriage began in a different state, or when the Supreme Court ruled in 2015, or after Alabama legalized same-sex marriage.
Determining the actual start of your marriage is crucial in determining how your assets and responsibilities are divided, and if major purchases such as homes and cars were made before or after you and your partner’s union. Determining your marriage’s beginning will also strengthen your argument for gaining child custody or visitation rights. Without adequate legal representation, many couples face injustices when it comes to determining responsibilities and rights regarding parenting, finances, property, and more.
Alimony also depends on proving the start date of your marriage. Alimony is a financial agreement from the higher-earning partner to the lower-earning partner in an effort to help the lower-earning partner continue a certain standard of living. How long alimony lasts will be determined by the court, but a family lawyer can help you argue your case for what the alimony should be, especially in light of when your marriage began. Alimony payments are traditionally determined by how long a marriage lasted, and what roles each parent played during the duration of the marriage. For example, if one partner stayed home with your children instead of working, alimony might be granted to the stay-at-home parent to compensate for the money that could have been made by working.
Divorce is difficult, not just because of the many legal questions and issues, but because of the emotional aspects of separating. A caring and experienced legal team can help you think clearly and make decisions that will set up both you and your partner for success. It’s common in divorce to argue with your partner about how to divide up property, debts, assets, parenting responsibilities, and child custody. With a careful study of your case and specific situation, the divorce lawyers at the Zwiebel Law Firm will help you get the justice you deserve.
Whatever unique challenges might be on the road ahead as you pursue your divorce, the legal team at the Zwiebel Law Firm is here to help with your best interests in mind. Call our family lawyers anytime and we’ll find the best way forward: 205-623-1001.
The Zwiebel Law Firm, LLC
826 Columbiana Road
Birmingham, AL 35209
Phone: (205) 623-1001
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