1. How long does a divorce take in Alabama?

How long a divorce takes in Alabama is predicated on how quickly a couple is willing to work to resolve the issues that need to be settled. The minimum length of time it takes to get a divorce in the state is 30 days. This is due to Alabama’s “cooling off” period or waiting period. It begins on the day you file for divorce. From there, it is a matter of how long it takes for the couple to come to a resolution concerning divorce issues, such as custody, alimony, and asset division.

2. How do Alabama courts split up property in a divorce?

Alabama courts treat most property acquired during the marriage as marital property. This means both spouses have some claim to it. According to the law, judges judge can divide marital property in any manner they deem fair, regardless of which spouse actually owns the property in question. Alabama, like many states, uses equitable distribution, which means an effort is made to create an equitable, but not necessarily equal split.

3. What is the role of an estate planning attorney in my estate plan?

The role of an estate planning attorney is to help you make the best decisions about your estate based on your circumstances and to ensure that your wishes will stand up in court. They also focus on creating a plan that will allow for the most efficient disposal of your estate once you are gone. They can also help you make changes to your estate as your life circumstances change and be able to answer questions that you have or your loved ones might have after you are gone.

4. Is a Will really necessary if everything is owned jointly with a spouse or some other person in Alabama?

Yes and no. Other family members cannot lay claim to property that is jointly owned when one owner dies, but in the long run not having a will can hurt you and your family members. This is especially true if one spouse dies and the other eventually develops senility and is no longer of sound mind to create a will or other planning documents. It is also a good idea, even if a property is jointly owned, to have plans in place concerning durable power of attorney and medical directives.

5. What happens if you do not have a Will in Alabama?

If you die in Alabama without a will, the state’s intestacy succession laws dictate who inherits your probate estate. Your property is distributed based on the surviving relatives. For instance, if your spouse outlives you and you have children all of whom are from that spouse, he or she inherits the first $50,000 of the probate estate plus one-half of the balance and your children inherit the remainder. The only way the state takes ownership of the estate is if you die without any surviving family members, which is rare.

6. What is probate?

In general, probate is the legal process by which is “proved” and accepted as valid. Once that occurs, the estate can be settled according to the wishes of the deceased and/or the laws of intestacy. In Alabama, this process includes making sure all of the deceased person’s possessions and assets are accounted for and collected, the value of their assets determined, and any outstanding debts or taxes to be paid.

7. What is the time period to admit a Will to probate?

The sooner you probate a will in Alabama the better. Wills are not effective under state laws unless they are filed for probate within five years from the death of the testator. If you do not file a will within 12 months from the date of the testator’s death it could be considered invalid as to purchasers of estate assets. This means anyone who purchased assets in good faith could be allowed to keep it even if it otherwise would have been distributed based on the directives in the will.

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