Two people discussing separation with attorney.

Rights And Obligations Between Spouses While Having Separation

When a couple divorces, they must deal with some or all of the following family law issues:

Access And Custody

Custody entails having care and control over a child. Unless there is a court ruling or written agreement to the contrary, children in a partnership are in the custody of both parents. When a marriage divorces, the parents must make plans for the children’s care. In a separation agreement or a consent order, the parents may agree that custody, care, and physical control of the children will be the duty of one parent or shared by both parents. A parent who does not have custody of the child has the right to reasonable access to the child in most cases. If the parents cannot agree, either might petition the court for an order establishing custody and/or access. It’s compulsory for kids.

Support for the Spouse

Spousal support is money paid by one spouse to the other after the marriage has ended. I’’s also called alimony or maintenance. Well, spouses cannot automatically qualify for spousal support. A judge will consider numerous aspects when deciding whether you should get spousal support, including:

Relationship length

  • Education of both parties
  • Income levels of both parties
  • Age of both parties
  • Net worth of both parties
  • Financial ramifications of separation
  • Employment history of both parties

During the partnership, was one person financially dependent on the other?

Property And Debt Division

When married spouses separate or divorce under the Marital Property Act, each spouse is entitled to an equal portion of the marital property and is accountable for an equal share of the marital debts, save in certain unusual circumstances.

The marital residence, household goods, money, personal investments, automobiles, and recreational vehicles are the most typical categories of marital property. Marital debts involve financial responsibilities incurred by either spouse during the marriage, such as mortgages, vehicle loans, credit card payments, lines of credit, and so on.

Child Support Payments

Both parents have a financial commitment to support their children based on their income. When parents’ divorce, the parent with custody frequently receives child support payments from the other parent to meet the financial requirements of the children.

Resolving Legal Rights and Responsibilities Following Divorce

When a relationship ends, you should think about your alternatives for dealing with family law issues. You and your partner can form a “separation agreement” outlining your rights and responsibilities to one other and your children. You may be able to accomplish this simply sitting down and reaching an agreement, or you may require the assistance of a mediator or lawyers to help you overcome disputes.

Once you’ve agreed on how to handle property division, custody, access, and support concerns, you should each take the agreement to separate lawyers for evaluation. After then, the agreement can be filed with the court. If the judge confirms the terms of the agreement, they will be regarded binding (legally enforceable).

If you and your spouse cannot agree on any or all family law issues, you must file an application with the court, and a judge will make a decision. Both parties are frequently represented by lawyers in such contentious matters. The court examines the documents presented by both parties and hears any verbal evidence. The judge issues an order on custody, access, support, and/or property and debt split.

Do You Require the Services of a Lawyer?

Overall, if you need to sign a separation agreement, you must seek legal advice on the terms of the agreement and how they affect your rights. Never sign a legal document without first seeking legal counsel. If you are considering a legal separation, a competent Alabama family law attorney can assist you in protecting your rights both before and after the legal separation.