When getting divorced, the term “Status Quo” is often mentioned and yet many do not understand what it means for them, their obligation, and the Court’s expectation. 

A divorce is the process by which the Court divides a married couple’s assets, and debts, and awards custody and visitation, when parties have minor children. Therefore, the Court when a divorce is filed, the Court enters a pretrial order in which it addresses how parties are to maintain their finances, assets, and arrange for custody and visitation while the case is pending and awaiting trial.

The Court expects divorcing parties to maintain the status quo as it existed during the marriage while the case is pending and until a final judgment can be entered. The court provides that the parties are to continue to pay all debts, regular expenses, and other necessary living expenses in the same manner and from the same source as they were customarily paid in the months leading up to the filing of the divorce.

When determining the status quo and what is customary, the Court looks at the parties’ average expenditures in the six months leading up to the filing of the divorce. The status quo payments and expenses to be maintained vary from case to case, but they would include among others, the following: rent, mortgage payments, utilities, cell phone, car loans, gas, food, insurance, children’s school and/or child care expenses.

Additionally, assets are to be maintained and not to be disposed of during the pending divorce without Court approval or written agreement of both parties. This would include disposing of real estate, and personal property, making large withdrawals from accounts, or withdrawals that are not customary from accounts. Parties also must maintain insurance policies, retirement accounts, and refrain from borrowing against their retirement accounts, and may not change their beneficiary pending divorce.

Spouses are also not to limit the other parties’ access to credit cards and money as they had during the marriage and are not to limit the other parties’ access to the marital home unless the parties have separated prior to the divorce being filed. Cars are to continue to be in the possession of the party that used it during the marriage.

While seemingly straightforward, divorcing spouses often struggle with the status quo because maintaining finances as existed during the marriage can be difficult when parties may not be living together while their divorce is pending, spouses may have incurred additional expenses, and parties may be dealing with a large amount of disagreement and/or animosity.

The only way to deviate from the status quo is by agreement of the parties or relief from the status quo granted by the Court.

Parties are to have joint legal custody of their minor child(ren) during their pending divorce and are to consult each other regarding decisions for the child(ren). Each party is to have equal access to the child(ren)’s records and information. The Court intends for both parents to have frequent and substantial time with both parents and for disruption to be minimized, unless circumstances require the limiting of a parent’s visitation and physical custody. In the event that couples separate pending their divorce, they are encouraged to workout an agreement regarding their respective time with the minor child(ren) otherwise they are ordered to obtain a copy of the Court’s Parenting Plan Guidelines. In Mobile County, the parenting guidelines provide for one parent to have physical custody and the other parent to have visitation every other weekend Thursday through Sunday, Thursday night return to school Friday morning on the weeks wherein they do not have weekend visitation, and half the provided holidays.

Again, as in life, every case is different, and different facts could warrant changes to the status quo and the parties’ ability to follow same.  For example, a spouse losing their employment could change their ability to follow the Court’s status quo order or domestic violence or drugs call for different custody and visitation. Ultimately, the Court can grant relief from the status quo or address a party’s refusal to comply with the pretrial order. A spouse that refuses to follow the status quo and/or withholds access and visitation with the children risks being held in contempt in court.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

After married couples decide that staying married is no longer desirable, many often wonder how to get divorced without going to court in Mobile, AL.

The answer is yes. It is possible in Alabama to get divorced without ever stepping foot in a courtroom.

However, whether it is practicable in your unique situation depends.

When filing an uncontested divorce, both parties must be in complete agreement upon the terms of their divorce. If one married individual hires an attorney to draft uncontested divorce papers, that attorney can only represent one of the married people.

The other spouse would either be without an attorney or would need to hire their own counsel. Sometimes spouses are mistaken and/or hopeful that they have an agreement but in actuality, they do not.

After an agreement is drafted dividing up the marital assets, debts, financial accounts, real estate, and designating the terms of child custody, visitation, and child support if applicable, the parties would both sign the agreement and have the same notarized.

Other forms and filing fees are also required by the court in certain situations. The failure to have all the necessary forms filed with your agreement could result in a judge refusing to issue the judgment of divorce in your case, thereby requiring you to actually go to a court hearing and costing yourself and your spouse time, money, and days off of work.

This misfiling can also further delay your desire to be divorced and move on with your life.

When divorcing with minor children, child support forms are required to be filed along with the agreement. The judge is required to follow the child support guidelines as provided for in Rule 32 of the Alabama Rules of Judicial Administration unless he accepts that following the guidelines would be unjust or inappropriate.

Child support under the Rule 32 guidelines is a formula that takes into account both parties’ gross monthly incomes, monies spent on providing health-care coverage for the minor child(ren), and money paid by either party for work-related child-care costs.

The State of Alabama issued a Schedule of Basic Child-Support Obligations in January 2022 delineating the basic child support obligation based upon the number of minor children the parties have and the amount of the parties’ combined adjusted gross incomes.

The State of Alabama published new child support guidelines effective May 1, 2022 for situations where one parent has custody and the other visitation and also published new child support guidelines regarding joint physical custody effective June 1, 2023.

The court has to have jurisdiction over the parties, there has to be an answer from the defendant, testimony of the plaintiff, sworn affidavits of income and child support forms, and a proposed order.

Any failure to have the necessary documents could result in the Judge refusing to grant a divorce to the parties. The court is not allowed to give legal advice, therefore they cannot tell parties what was misfiled, not filed, or what needs to be corrected.

Once filed, an uncontested divorce must sit for 30 days before a judge can issue the judgment of divorce. If an agreement is filed in a previously filed contested divorce, the judge can enter the judgment of divorce at any time.

The easiest way to ensure a successful agreement and give you the best chance of getting divorced without going to court is by hiring a competent attorney(s) who will help you avoid the many mistakes and pitfalls that many often make when divorcing.

At Herlihy Family Law, we can advise you every step of the way to help you try and avoid the courtroom if that is your desire.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.