Paige Elliott , P.C.

After a full hearing, a court determines what a fair division would be in view of the particular facts and circumstances of the case. There is no specific formula for the division of marital property in Alabama. However, a court will consider the liabilities, as well as assets, of the parties. Other relevant factors include: the amount and nature of the property owned by the parties, the length of their marriage, and the economic circumstances of each spouse. In some cases the court will consider the "fault" or misconduct of one, or both of, the parties which contributed to the breakdown of the marriage.

If you and your spouse agree on a property division, then this may be incorporated into an Agreement of the Parties for presentation to the court for approval. If you cannot agree, the court will divide the property.