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Who decides the property division terms in an Alabama divorce?

On Behalf of | Jul 18, 2022 | Property And Debt Division |

Most people have heard at least one negative story about an unfair divorce outcome. While the story you heard may have been exaggerated or lacked details that would have given the outcome more context, you may worry that you will suffer a significant financial setback if you file for divorce.

Especially if you have to give total control over what happens with your property to someone else, it is natural to worry about what the end of your marriage will mean for your finances.

Who has the final say in property division when couples divorce in Alabama?

A judge often holds this important authority

Frequently, couples divorcing in Alabama will litigate certain matters, such as how they split their property with one another. If you ask the courts to divide your property, a judge will use equitable distribution rules to decide how much you keep and what your spouse retains in the divorce.

The judge will divide all of your property and financial obligations acquired during your marriage, and you will have to adjust to the terms they set.

You can retain decision-making authority

If you and your spouse have a marital agreement with one another, that pre-existing agreement can dictate all of the most important terms for the property division in your divorce. You could also negotiate or have your attorneys discuss property division matters.

Some couples find that mediation is a way to reach a mutually-agreeable property division solution. Provided that both of you agree to the same terms and that a judge approves them, you may have the right to divide your own property and debts in a way that would differ vastly from how a judge would handle the same process.

Understanding the rules related to property division in Alabama divorces can help you decide the strategy you want to employ when discussing the matter with your ex.