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What should I do for an uncontested divorce but spouse does not want to pay alimony

This legal question related to divorce assistance in Alabama & SylacaugaAlabama has been answered.

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Location: Alabama, Sylacauga  |  Law type: divorce assistance
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I filed A divorce complaint for an uncontested divorce, spouse is saying he refuses to pay alimony after 14 years of marriage. What do I do next? I have been on disability for over 20 years and have no means of support.

Commonly posted questions...

What happens if I am late in filing a document with court?
10 months 3 weeks ago, divorce assistance, Indiana
Photo of a detailed close-up of a wooden desk in a professional setting. On the desk, there's a neat stack of legal documents with a header reading 'Complaint for Annulment'. Beside the papers, there's a laptop opened to a website with a title 'Divorce Assistance - Tennessee'. Scattered around are a pen, a sealed envelope, and a cup of coffee. The atmosphere suggests someone seeking legal resources. Complaint for Annulment
1 year 6 months ago, divorce assistance, Tennessee

Legal Solution

The response provided below is specific to divorce assistance in the jurisdiction of Alabama, Sylacauga. If the response is inadequate, please submit a detailed inquiry.

Alimony Disputes in Uncontested Divorces in Sylacauga, Alabama

When one embarks on the journey of divorce, especially in the context of Alabama, several challenges can arise even in the most straightforward cases. Your unique situation, comprising a long duration of marriage combined with a history of disability, underlines the potential importance of alimony for your financial wellbeing. However, an uncontested divorce complicates this, particularly when your spouse refuses to pay.

Relevant Alabama Divorce Statutes:

  • Alabama Code § 30-2-51: Governs alimony and addresses factors for consideration.
  • Alabama Code § 30-2-55: Pertains to periodic alimony termination upon the beneficiary's cohabitation or remarriage.
  • Alabama Government Official Site: A comprehensive resource for state-specific legal information.

Solutions to Consider:

  1. Mediation: Before heading to court, consider professional mediation. This is a process where both parties sit down with a neutral third-party mediator to discuss and ideally resolve issues. This can be particularly beneficial in cases where there's a disagreement about alimony. For trusted mediators, you might want to arbitration and mediation attorneys.
  2. Legal Representation: If mediation does not resolve the matter, then it's imperative to consult or hire a divorce lawyer in Sylacauga. They can help you understand your rights, what the law says, and how to best navigate the divorce proceedings.
  3. Document Everything: Ensure you have complete documentation highlighting your disability, your financial dependencies, and any agreements made during the marriage. This will be crucial in making a strong case for alimony.

Expected Legal Fees in Sylacauga:

Service Average Cost
Initial Consultation with divorce lawyers $200 - $400
Mediation Session $1000 - $1500
Uncontested Divorce Proceedings $1000 - $2500
Contested Divorce (Involving Alimony dispute) $5000 - $15,000
Document Preparation $500 - $700

Note: Prices can vary widely based on the lawyer's experience, complexity of the case, and other factors. It's recommended to compare lawyers in your area to ensure you're getting value for money.

Further Clarifications and Action Steps:

Given the complexity of divorce laws and your unique situation, it's vital to obtain a clear understanding of your rights and options. We recommend you ask a free legal question for a more comprehensive answer tailored to your situation.

  • How long have you been married, and can you provide documentation?
  • Can you provide proof of your disability and financial dependencies?
  • Are there any pre-existing agreements (prenuptial or postnuptial) in place?

Q1: Can I get alimony if my spouse and I agree on other aspects of our divorce?

In Alabama, even if the divorce is uncontested on other matters, alimony can still be awarded based on factors like the duration of the marriage, financial situation of both parties, and the standard of living during the marriage.

Q2: How is the amount of alimony determined in Alabama?

The court will evaluate several factors, such as the financial condition, age, and health of both parties, the length of the marriage, the standard of living during the marriage, and the probable future prospects of both parties.

Q3: Can alimony be modified after the divorce is finalized?

Yes, either party can apply to the court for a modification of the alimony amount based on a significant change in circumstances, such as a job loss, significant salary change, or health issues.

Q4: How long can I expect to receive alimony?

The duration of alimony payments in Alabama varies and can be for a set period or indefinitely. Factors considered include the length of the marriage and the recipient's ability to become self-sufficient.

Q5: What happens if my spouse refuses to pay the court-ordered alimony?

If a spouse refuses to pay alimony, the court can hold them in contempt, which might lead to penalties like wage garnishments or even jail time. It's crucial to consult a divorce lawyer in such cases.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "What should I do for an uncontested divorce but spouse does not want to pay alimony" has been changed 1 year 7 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Alabama, Sylacauga & area of law: divorce assistance.
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