How Do The Family Courts Handle Breakups Of Unmarried Couples?
With enough alcohol and enough anonymity, some people will tell you that the reason they have never gotten married is because, if you are not married, you cannot get divorced. Some of them saw their parents go through horrible divorces and did not want to repeat the experience; this is unsurprising. What is more unsurprising is that you will find some people who constantly fight with their ex-partners about coparenting and money, and then in the next breath, they tell you that you are the chump for signing a marriage certificate. Simply avoiding getting legally married is not a guarantee that you will never have to set foot in family court, though. The family courts are responsible for settling disputes about the parenting time and financial support of minor children whose parents were never legally married to each other. By contrast, property division among former couples who never legally married is such a mess that the family courts often refuse to deal with it. For advice about rebuilding your finances and maintaining a stable relationship with your children after breaking up with your unmarried domestic partner, contact a Birmingham child custody lawyer.
You’re a Fool If You Never Put a Ring on It
Alabama, like most states, follows the laws of equitable distribution. This means that, when the couple cannot agree during mediation how to divide their marital assets and debts, the court decides on a case-by-case basis the fairest way to divide it. Unless you have a prenup that says otherwise, marital property is all assets acquired and debts incurred during the marriage; they belong to both spouses, regardless of whose name is on the paperwork. If you and your partner were not legally married. You might leave the relationship with all the debts you took on to support your partner, while your partner might keep all the property he or she bought for both of you and then deprived you of when you broke up. You can sue your ex in civil court, but the court will treat it like any other lawsuit over money or property; it will not matter that you and your ex once functioned as a family unit.
Children Have a Right to the Time and Money of Both Parents
The family court will help you guarantee parenting time with your children even if you and your children’s other parent were never married. All children are entitled to a court-ordered parenting plan. The court will order you and your ex to attend mediation to agree on the terms of a parenting plan, and the judge will set the terms of the parenting plan if you and your ex reach an impasse. Parenting plans do not address finances; based on the number of days of parenting time each parent has, in addition to other factors, the court will calculate child support, but a court-ordered parenting plan is a prerequisite to a child support order.
Contact Peeples Law About Family Law for the Unmarried Parents
A Birmingham family law attorney can help you draft a parenting plan for your children, even if you and your ex were never married to each other. Contact Peeples Law in Birmingham, Alabama today to schedule a consultation.
Source:
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