Alabama Divorce & Family Law Attorney Blog

Birmingham Divorce Lawyer Update: Can You Put the Brakes on an Alabama Divorce?

Steve Eversole — Fri, 05 Mar 2010 10:36:43 -0600

Let’s assume that you’re embroiled in a divorce action with your soon-to-be former spouse, who initiated the case. Whether you live in Montgomery, Dothan, Decatur, or Auburn, or anywhere in Alabama, divorce is an emotional and heart-wrenching process especially when one party doesn’t see it coming. Add children into the equation and you have potential for one of the saddest and demoralizing episodes in your life.

Being a family law and divorce attorney practicing in the Birmingham area, I have represented many clients who found themselves in the throes of a painful divorce proceeding. Part of my job is to try and make the process as easy and straightforward as possible while attempting to provide some comfort and guidance to my clients. In some instances a spouse may be so upset that they literally want to stop the divorce in its tracks.

But is this actually possible or even advisable? It’s easy to say, “I want to stop this here and now.” In reality, it’s a different story entirely here in Alabama. The sad truth is that once one spouse is committed to getting a divorce, there is no way the other party can turn it off. Short of convincing your soon-to-be-former partner to pull the plug, that’s just the way Alabama divorce law is written.

In Alabama, if one of spouse insists on a divorce, that individual is going to get his or her way no matter what. And while you and your attorney can make the divorce process take longer, you can’t stop it. As they say in the halls of divorce court, it may take two to get married, but it only takes one to get divorced.

On the topic of reconciliation, you certainly can appeal to the other party to try and make the marriage work, but most divorce actions are an indication that the marital union is probably broken and no amount of energy is going to fix it.

If you know in your heart of hearts that your marriage was on its last legs when your spouse initiated the divorce, then it may be wise to follow their lead and make the best of a bad situation. This is where a qualified divorce lawyer and family law attorney can really help.

If you insist on making it work, it’s a good idea to bring in a third party who is not emotionally torn between either spouse. Schedule some sessions with a qualified marriage counselor or church pastor. If both parties are committed to making the marriage work, then these professionals can perhaps help you toward making things work better.

Birmingham Divorce Lawyer Update: Looking to be Awarded Alimony in Alabama?

Steve Eversole — Fri, 26 Feb 2010 10:23:07 -0600

In these cash-strapped times many spouses going through divorce are asking the same question: Will I be able to receive any Alimony payments? It’s a fact that the majority of alimony awards go to the wife. As an Alabama divorce attorney and family law lawyer, I am always oncerned that my clients receive their fair share of the marital assets as part of a divorce settlement. Whether you live in Hoover or Florence, Tuscaloosa, Bessemer or Homewood, your concerns will likely be the same.

In difficult economic times, alimony and child support can both be a function of an ex-spouse’s earning power. Alimony itself is a payment from one former marital partner to the other and is usually paid on a monthly basis. It is ordered by the court as continuing support for one of the former spouses following a divorce.

You should remember that alimony is a separate and distinct payment from any other kind of divorce-related payments, such as child support. As with most aspects of divorce in Alabama, the payment of alimony is decided by a divorce judge and is determined solely by the discretion of the court. In fact, alimony payments are decided based on the specifics of the individual divorce case and the needs and means of the respective parties.

Unfortunately for the divorcing spouses, there is no fixed rule that can be applied to the setting of alimony payment, or even if alimony is justified as part of a divorce settlement. Therefore, the determination of an alimony payment, if any, is always an open issue until decided by the judge overseeing the case.

Several factors that govern how a divorce court in Alabama will decide if alimony is justified include A) the financial need of the receiving spouse (usually the wife) and the ability of the paying spouse (quite often the husband) to pay; (B) the conduct of the individual parties as pertains to the cause(s) of the divorce; and C) the length of the marriage. In the end, whether or not you receive alimony could have a great impact on your ability to preserve your personal assets going forward.

As always, a good divorce lawyer and family law attorney can assist in a large part when going through the many times painful process of divorce. Having a qualified family law attorney by your side can help when it comes time to make the big decisions that could affect your life and the lives of your children fro some times to come.

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 3

Steve Eversole — Fri, 19 Feb 2010 10:34:39 -0600

To finish up my final installment of things married women in Alabama should keep in mind as they approach divorce or legal separation, I’m including a few additional points to consider in this time of emotional and financial upheaval. It makes no difference whether you live in Tuscaloosa, Birmingham, or Huntsville, the situation remains the same. Divorce is a sad fact for many women and going into it with yours eyes wide open is the best strategy for getting through with the least amount of surprises.

The decisions you make during a divorce proceeding can affect you and your kids for many years to come. The old adage, “Ignorance is Bliss,” is not the phrase you want to stand by in this case. Doing lots of research and finding an experienced divorce and family law attorney to be by your side is the best plan of action for any woman facing marital strife and ultimately, divorce.

As a Birmingham divorce attorney, my clients come first. Because my job is to help them throughout the divorce process, I also try to be there for emotional and moral support. The following are some final points to keep in mind when preparing to follow through with a divorce, or when you’re just doing some investigation for the future.

6) Hard as it may be, you must face your worst economic fears. We’ve all seen the ubiquitous “bag lady” and wondered how she arrived at that station in life. Similarly, it’s not surprising that many women experience the fear that they, too, will be left to fend for themselves, homeless on the street.

Suddenly being thrust into the position of being the sole breadwinner for your family can be a frightening prospect. Being primarily accountable for all aspects of your children’s lives going forward is a big responsibility, but don’t think you’re the only person ever to face the unknowns of post-divorce life.

Your income may come up short and the bills in the mail can seem relentless, but be assured that thousands of women every year make to this point and beyond. Just look around. You probably know more than a few divorced ladies who have faced the same challenges and still made a better life for themselves and their kids. Many became strong for the experience through the entire process.

7) Never assume that your so-called ‘permanent’ alimony will always be around. It’s fairly common for women who have been married for some time and also out of the job market to receive permanent alimony. Especially if your soon-to-former spouse was a good wage earner, you will likely be awarded this by the court.

However, circumstances change. If your ex comes down with a serious illness, loses his job or gets a demotion, he is entitled to seek a reduction (or worse) termination of his monthly obligation to you. A more common situation is that the wife is awarded support for a finite period with the option of extending support in the future. In the worst of cases, the court may decide that you have the abilities and health to pursue gainful employment yourself -- if your marriage was relatively short, you may get nothing at all.

The bottom line is you must be prepared to pull yourself up by your bootstraps. They say that God helps those who help themselves and it is those with foresight who look to the future by pursuing further education and learning new skills. By taking the initiative early on, you will make yourself less vulnerable economically if and when that alimony runs out.

8) Finally, have faith in your own abilities and desire to make a better future. Believing in yourself goes a long way toward making good things happen. Don’t be so concerned about finding Mr. Right the second time around. If it happens, it happens. But until it does, concentrate on Number One. Taking control of your life as you open this newest chapter will make all the difference.

You may discover skills or talents that you never knew you had. You might find that you have abilities that were dormant during your married life, which could truly open the door to a better future. Have faith and be strong. Write your own success story and remember: Living well and being happy can sometimes be the best revenge.

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 2

Steve Eversole — Fri, 12 Feb 2010 10:16:00 -0600

Previously, I touched on a couple points to remember when approaching divorce. Whether you live in Mobile, Dothan, Tuscaloosa of Huntsville, every woman going though or contemplating a divorce in Alabama should recognize some of the more common traps that people fall into during this emotionally draining time.

As a Birmingham divorce attorney, I always try to help my clients with all aspects of the divorce process. Whether you are just now thinking about becoming legally separated or already going through a divorce, you should always approach the process with a clear mind.

The following are some additional points to keep in mind when making the transition to being single again. Naturally, you should retain the services of an experienced divorce lawyer to make certain that you have covered all the areas that pertain to your circumstances.

3) Learn early on the details of custody in Alabama. Sadly for many women going through divorce today, gone are the days of courts automatically handing over custody to the children’s mother. While preference has tended to go to the mother in the past, this is no longer the case when determining a sole or primary custodian for the kids of divorced parents.

Since there exist multiple options and variations on both custody and parenting provisions, you should perform at least as much research on child custody as you probably did when it came to your pregnancy or schooling your children. The more you know going into the divorce process, the better prepared you will be when the time comes to arguing for custody of your kids.

4) Don’t always assume you absolutely must keep the house. This is one of the key mistakes that many women make when faced with divorce. And it’s not surprising since our homes often symbolize security and stability for the children. But temper this urge until you can truly assess the impact of keeping the house. Many times the costs can be much too high for a single parent.

Maybe you feel you can swing it, but also consider current market conditions and the state of the economy from a jobs perspective. Could you sell the house quickly and at the price you want if you lost you job? Renting has become a better option for some people ever since the economy got rough.

Do some number crunching with the help of a financial or legal advisor to determine all of the pros and cons of holding onto a home as a single parent. If you do decide to sell the house while the two of you are still married, or as part of a settlement, you can share the fix-up costs, carrying costs, brokerage fees and any capital gains tax with your spouse, rather than being solely responsible for them.

5) Don’t underestimate your retirement assets. If you are still in your prime earning years, or even if you are middle-aged and still very productive, it may be difficult to fully appreciate the benefits and importance of tax-deferred assets in IRA, 401(k) or pension accounts. And although it may be tempting to take “offsetting” cash or the house or even the family car now, while putting off worrying about tomorrow for later, the tax implications could set you back further than you may know.

A financial advisor can help you to carefully analyze long-term needs versus cash-in-hand options. Again, being prepared ahead of time will save you a great deal of grief after the divorce is final. Use the internet and other specialized services to help you make the right financial decisions the first time because you usually cannot go back once you take monies out of a tax-deferred account, for instance.

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 1

Steve Eversole — Fri, 05 Feb 2010 10:16:00 -0600

Whether you live in Bessemer, Homewood, Huntsville or Gadsden, Alabama, any woman considering divorce should be aware of the many pitfalls out there. As a Birmingham family law and divorce attorney, my job is to help guide my clients through what can be a very emotional and taxing time. Legal separation or divorce should always be approached with a eyes wide open, which is why I suggest a few things to avoid during this critical period.

While not an exhaustive list by any means, the following are some important points that every woman should keep in mind. As always, you should consult with an Alabama divorce lawyer to be sure all aspects of you’re individual circumstances are fully addressed. In coming weeks I’ll discuss a few more points.

1)
You must face the actual realities of a divorce. Since one partner or the other spouse is usually further along the emotional road to divorce, the one who is leaving the relationship may already be gone emotionally. This means that the other partner is typically expected to catch up with this early end to their marital dream while at the same time trying to get a hold of their emotional and financial future. Many times this is too much to absorb in a short time, but ignoring reality can be rather costly.

If the husband is the one leaving the relationship, the woman is more often left to address the pain of emotional betrayal while their soon-to-be-former marital partner is busy addressing what many see as the next level of betrayal that of the family finances. The answer here is to find a competent therapist or a reliable shoulder on which to cry. Do your best to “compartmentalize” as much of the emotional aspect of your pain in order to act quickly and deliberately to protect your assets.

2)
Understand that you may, in fact, be sleeping with the enemy. When we marry our future spouse, we tend to transfer all of our trust to that person -- the one we fell in love with. In most marriages, one spouse typically handles the finances while the other handles day-to-day household operations, such as feeding the kids and taking them to soccer practice and dance recitals.

For some women, it may be difficult to face up to the fact that their husband will not be taking care of all those things he previously handled for the family. Promises of trying to work things out or the feeling that if the two of you just sat down with a third party things would get better are falsely comforting and get in the way of actual planning needed to transition to being single again.

The reality is that you and your spouse take on adversarial roles where what used to be common and shared interests in things such as assets and living expenses. Because you need to be fully aware of your entire financial picture, one solution would be to assume the best, but prepare for the worst.

In this case it is important to find a qualified divorce lawyer to whom you can put some, but not all of your reliance. While you can listen to what may or may not be a fair and equitable proposition for settlement from your spouse, always consult with your attorney before making any ultimate commitments.

Alabama Divorce News: Elizabeth and John Edwards Separate following Affair and Child with Rielle Hunter

Steve Eversole — Fri, 29 Jan 2010 10:10:23 -0600

By now most everyone in Alabama, from Montgomery County to Mobile and all around the state, has heard the news of Elizabeth and John Edwards’ separation following the husband's not-so-secret affair that destroyed the couple’s marriage of 32 years. Elizabeth Edwards announced that she is separated from the former presidential hopeful and plans to move on with her life by putting such a difficult and hurtful event behind her. Can divorce be far behind for these two?

As a Birmingham divorce lawyer and family law attorney, this kind of scenario plays out across Alabama every year, so it’s no surprise that even the rich and famous get caught in the infidelity game more often than not. As for Edwards, her story is doubly sad due to her previous diagnosis of stage four breast cancer. Whatever the circumstances, the cheating spouse usually makes a mistake along the way that exposes him or her to the light of day.

On more than one occasion, I myself have been asked by potential clients what they should do if and when they suspect their spouse is cheating. There are a couple things that someone can do when contemplating a divorce of a spouse who might be having an affair on the side.

For starters, one must definitely think about retaining a private investigator to do some research into suspicious activities. In Alabama, having proof that a spouse has been cheating may have a direct affect on the property settlement in a divorce case. Fault grounds can also affect the amount of alimony the court grants to the injured party.

Furthermore, depending on whether the couple has children who were affected by the offending spouse’s conduct, this too may influence the court’s determination when it comes to custody of the kids.

A second and equally important step would be to have yourself tested for any sexually transmitted diseases (STDs). While this can be a difficult thing to face, it is very important for your own well-being and peace of mind. The sooner you find out if you have contracted an STD, the sooner you can be treated if necessary.

If you have been diagnosed with an STD, this can also significantly affect the direction fo the divorce proceedings and may be the basis of additional legal claims against the offending spouse. An experienced divorce and family law attorney is invaluable in any legal separation or divorce action and will be able to advise you on this and other issues connected with your case.

How He Got Caught, Slate.com, January 29, 2010

Birmingham Divorce Attorney Update: When Divorcing in Alabama, What should You Tell Your Kids

Steve Eversole — Fri, 22 Jan 2010 10:00:53 -0600

How much information is too much information? Going through a divorce in Alabama can be a difficult journey. Regardless of whether you live in Mobile, Birmingham, Huntsville or any of the hundreds of cities and towns across the state, the subject of divorce or legal separation can be a minefield. Spouses who are splitting up have a hard enough time discussing details with family and friends, but what of the children? How much should you share with them, if anything?

As a Birmingham Divorce Attorney practicing throughout Alabama, I have seen it all when it comes to separation and divorce. I feel the heartbreak and sense the hard feelings that can arise during this kind of life-changing event. But my knowledge and years of experience have given me the tools to help my clients make it through one of the toughest times of their life.

For sure, one of the most difficult aspects of divorce is the effect it can have on children. Divorce can be extremely trying especially where kids are involved. In many instances, my clients confide in me by asking how they should break the news to their children. Quite often, they don’t even know how they should act or behave toward their kids once a divorce has been finalized.

Of course, it can be difficult to take your children’s needs into account during the process of a divorce in Alabama. There are many and varied aspects to the process including Spousal support, division of assets, and guardianship.

If you are considering divorce, or know someone who is going through or contemplating such an action, you may want to keep the following items in mind regarding the younger members of the household. Children need and have the right to the following, especially in times of family upheaval:

-- Being free of the conflict between the parents

--Developing and maintaining an independent relationship with each parent

-- Not having to take over the parental responsibility for making custody and/or visitation decisions

-- Not being expected or forced to take sides with, defend, or lessen the value of either parent

-- Being guided, taught, supervised, disciplined and nurtured by each parent, without interference from the other parent

-- Spending time with each parent, regardless of whether or not financial support is given

-- Having a personal sleeping area and space for possessions in each parent’s home

-- Being physically safe and adequately supervised when in the care of each parent

-- Having a stable, consistent and responsible child care arrangement when not supervised by the parents

-- Developing and maintaining meaningful relationships with other significant adults, as long as these relationships do not interfere with or replace the children’s primary relationship with their parents

-- Expecting that both parents stay informed about medical, dental, educational and legal matters, unless such disclosure would prove harmful to the child

-- Participating in age-appropriate activities so long as these activities do not significantly impair their relationship with either parent

If you need professional legal advice on divorce, child custody or any other area of family law, an experienced family law and divorce attorney is your best bet to setting your life on a new and happier course. An experienced and compassionate attorney will make a world of difference for you and your kids.

Birmingham Family Law Update: Understanding No-fault Divorce in Alabama

Steve Eversole — Fri, 15 Jan 2010 10:19:09 -0600

Last week I discussed an approach to achieving a mutual divorce settlement vis-à-vis No-fault divorce. As a Birmingham divorce attorney who has represented dozens of individuals going through what must be one of the most difficult times in any married person’s life, I can say that cooperation is one of the best ways to make a divorce proceeding go smoothly.

Frankly, in Alabama or anywhere else for that matter, separation and divorce can be life-altering events that tear at the hearts and emotions of the spouses affected, not to mention their families and even friends. Maintaining a cool approach, as hard as it may be, is one of the best things you can do for yourself at this difficult time.

Previously, I talked about how to make the process work. Here, I’m going to review the “mechanics” of a No-fault divorce here in Alabama. Before I start, I’ll remind folks again that it is essential for both parties to avoid any hostile or accusatorial tone if they wish the divorce process to go smoothly. Stay calm and you will have a much better opportunity to settle your differences and move on with your separate lives.

As for the legal grounds for an Alabama No-fault divorce includes the following:

An incompatibility of temperament that results in the two parties’ inability to live together
An irreversible and permanent breakdown of the marital union, which makes any attempts at reconciliation either impractical, futile, or not in the best interests of the two spouses or the family in general
The voluntary abandonment by one of the spouses from bed and board for one year preceding the filing of the divorce complaint

To initiate a No-fault divorce in Alabama, one of the above reasons must be specified on a state document (Complaint for Divorce) and filed with the court. Following this, and having agreed to avoid personal attacks and accusations, the two parties should be ready and willing to accept the legal reasons for a No-fault divorce. Now it is time to meet with your individual attorneys to discuss the details of the marriage dissolution.

After accepting the reasons for the divorce, both spouses should be prepared to discuss three specific areas that must be addressed and agreed to before the dissolution of the marriage. These areas include the following:

Community finances
Assets
Children

Each of these areas include complicated and very serious topics, so it is a smart move to approach each of them separately and resolve one before addressing the next. Meeting each other halfway can go a long way toward speeding along the No-fault divorce process and getting on with your life.

Once a friendly agreement is arrived at for the above three areas, the balance of a No-Fault divorce includes putting the information you accumulated on various state documents including the initial divorce complaint, then signing the documents and filing them with your particular Court of Jurisdiction.

Alabama has a waiting period of 60 days from the date of signed Decree of Divorce before either spouse can remarry within the state. However, there is no waiting period for an out-of-state marriage.

Birmingham Divorce Update: Is There Such a Thing as a Pleasant Alabama Divorce?

Steve Eversole — Fri, 08 Jan 2010 10:02:11 -0600

One of the more frequent causes of divorce can usually be summed up in one word: Incompatibility. As a divorce lawyer practicing in the Birmingham area, I can say that many divorces are the result of an unpleasant or contentious marital relationship. However, this doesn’t mean that the divorce process or the court proceedings surrounding it must necessarily be fraught with acrimony and bitterness.

While the primary job of a divorce and family law attorney is to fight for his or her client’s best interests, it is important that a lawyer also be compassionate and provide a buffer between the client and the other party. Nothing is gained by getting angry during a divorce action, so this is always something to keep in mind.

Now the question I will pose here is, can there be any such thing as a friendly divorce? Fortunately for many people, the answer is yes. Because Alabama is a No-Fault (also known as uncontested) divorce state, regardless of whether you live in large cities such as Birmingham and Montgomery, or any of the other smaller cities and towns throughout Alabama, an individual can usually obtain a divorce without too many legal complications.

There is a caveat here: you and your spouse must agree to the terms of the divorce in an amicable and friendly manner. This is critical as any history of domestic violence in a marital relationship could easily derail a friendly divorce and could even make things worse. Therefore, if there is a history of domestic violence it is highly recommended that you retain professional legal counsel when pursuing a No-Fault divorce in Alabama.

Once you and your spouse realize the marriage is over, and if you can get past that initial shock and anger of realizing there is no going back, then you may have a chance to honestly look at a No-Fault divorce for your situation.

This can only happen if both parties act in a mature and responsible manner. Try to keep things on a friendly basis, because these is no reason for anything hostile or antagonistic to happen during this time. A key here is to avoid resurrecting the reasons why you are getting a divorce in the first place. Keep it civil and your chances of getting through the proceedings will improve dramatically.

Frankly speaking, if your differences are irreconcilable, then these individual reasons will only be impediments to achieving an amicable and “friendly” resolution. Keeping this in mind and seeking the services of a qualified and experienced family law and divorce attorney will help you get through the divorce and on to a new and better life for yourself and your family.

Alabama Divorce and Family Law News: Sarah Palin's Grandson in Middle of Child Custody Battle

Steve Eversole — Thu, 31 Dec 2009 10:27:12 -0600

A fight over child custody can be a painful and wrenching experience for any family. As an Alabama family law attorney and divorce lawyer in the Birmingham area, I have seen the emotional torrent that swirls around all parties in hotly contested custody battles. In the case of former vice-presidential hopeful Sarah Palin’s grandson, Tripp, hopefully the child’s young age will at least spare him from most of the drama.

Recently, news agencies have been talking about the latest saga of Bristol Palin and her former boyfriend and fiancée, Levi Johnston. According to reports, Johnston has been on a so-called campaign against Alaska’s former “first family” by revealing a variety of family secrets.

Regarding the recent custody case over young Tripp, public records from an Alaskan court have revealed a heated battle between Palin's daughter and the father of her grandson. Bristol Palin had asked the court to keep the proceedings closed, but that request was denied a Superior Court judge -- a temporary order had authorized the use of pseudonyms while the court was considering the request, which stated that no good "could result to the child by an onslaught of media."

Johnston’s stance was that he didn’t feel protected against Sarah Palin in a closed setting. The father of one-year-old Tripp had been pushing for open court proceedings, saying he just wanted a simple case based on its merit. A qualified family law attorney can be a great asset in cases not unlike this one

According to news articles, Bristol Palin had petitioned the court in early November last year, asking for sole custody as well as child support. The petition also requested a visitation schedule for Johnston, saying that the former fiance had exercised "sporadic visitation rights."

The eldest daughter of Sarah Palin, Bristol Palin's custody petition called Johnston's recent nude photo shoot for Playgirl magazine "risque." She also noted that the man’s mother, Sherry Johnston, should not be allowed unsupervised visits with the baby following her drug arrest. Sherry Johnston, who is reportedly serving a three-year sentence under home confinement, was again sentenced last month on a guilty plea to one count of possession with intent to deliver the painkiller OxyContin.

In a motion opposing closed proceedings, Johnston's attorney argued that Bristol Palin had not shown what sort of evidence could stigmatize the child. The lawyer said that the Palin-Johnston case has similar facts that accompany open child custody cases every day in the Alaskan court system.

Bristol Palin seeks full custody of baby, MSN.com, December 29, 2009

Birmingham Divorce Update: Steps Toward an Alabama Divorce -- Part Two

Steve Eversole — Fri, 25 Dec 2009 10:18:24 -0600

Divorce can be a painful and life-altering event for most married people, especially if children are involved. In my last entry, I discussed a few of the initial steps when moving toward divorce in Alabama. For most individuals, going through a legal separation or divorce can be a very emotional time.

As a divorce lawyer with a Birmingham family law practice, I recommend that people in the throes of divorce attempt to avoid emotionality as much as possible. Though it is difficult, keeping a cool head is highly desirable when going through such a serious legal process as divorce. The following is the second part of my discussion on the process of divorcing in Alabama.

One of the initial steps in kicking off the formal divorce procedure is the creation of a complaint (or petition) requesting a divorce, which is filed by one or the other spouse. Once the petition is filed, the other spouse must file an answer in kind -- this is that spouse’s “response.” The petition usually includes items such as requests for temporary orders regarding custody of the couple’s children (if any) and visitation, alimony and, or in addition to, child support payments. It is not uncommon that the petitioning spouse will request the other to pay his or her lawyer costs.

Following the petition, the next step is for your attorney to undertake legal discovery. Just as in any law suit, this is done to obtain information pertinent to the divorce. This information will help determine the amount of spousal and/or child support, as well as attorney fees that you may be required to pay -- or the amount that you will receive.

Depending on your particular circumstances, retaining the services of a forensic accountant can be very helpful when searching for your spouse’s potentially hidden assets. This kind of accountant can also assist in analyzing your overall debts and assets. Others professionals involved in this process may include CPAs, appraiser and tax advisors, who can help you become aware of the tax implications and other potential risks of hanging onto or giving up property.

Prior to the commencement of settlement negotiations, it is wise to know what items you want the agreement to cover. Being able to understand the various tax consequences or other financial issues tied to each offer and counteroffer made during the negotiations is critical to a successful outcome. This is why having a qualified divorce lawyer on your side during these negotiations makes a great deal of sense.

As an unemotional advocate, an attorney can make the entire process much easier. As I have said before, keeping any possible anger out of the negotiations may help you avoid the possibility of a trial. Since divorce trials can be rather expensive for both of the spouses, this is something you should steer clear of if at all possible.

When the negotiation stage is completed, a settlement agreement will be drawn up to reflect the terms that were mutually settled upon. If, on the other hand, the negotiations break down for some reason, the divorce proceeding will head to trial, in which a judge will decide how to divvy up your assets, as well as determine which spouse will get custody of the children (if any). During the trial, the judge will also decide how much child support and/or alimony will be paid.

Regardless of how the final divorce settlement is arrived at, either through cooperative negotiation or by trial, when all is said and done a final divorce decree will be created based on the complete terms of the settlement agreement.

Birmingham Divorce Update: Steps toward an Alabama Divorce -- Part One

Steve Eversole — Fri, 18 Dec 2009 10:59:11 -0600

Here in Alabama, as elsewhere across the country, divorce is a serious step for any married person. From a personal point of view, separation or divorce is a truly emotional event. From a legal standpoint the process of divorce is fairly well defined, although the steps toward the final divorce decree will vary due to individual circumstances.

As a Birmingham divorce lawyer and family law attorney, I tell my clients to try to remain as cool and collected as possible. While emotions can run quite high, this is a legal process and you will benefit from keeping your feelings in check as much as possible as you follow the advice of your attorney. The following is the first of a two-part discussion on the process of divorcing in Alabama.

As previously mentioned, very few divorces follow the exact same steps, but whichever direction your particular situation takes you, it is always wise to seek professional help as early as possible. A qualified divorce attorney can guide you along the way. Other professionals who can be of great assistance in these trying times include therapists and financial advisors.

Your most important resource will be your attorney, which makes choosing one a critical process in itself. First and foremost, you need to learn about your legal rights as they pertain to an Alabama divorce. A lawyer well versed in this state’s divorce and family law is your best choice and he or she will be able to clearly explain the details regarding separation, spousal support and alimony, child custody and visitation, as well as guardianship, child support and future division of assets.

The first step is financial. Here you must gather all of your financial documents. Be sure to make a copy of all paperwork that you have collected and present this information to your attorney. At this point, you will be able to learn what the financial impact of a separation will have on you and your children, if any. It is important to understand that while some couples have the means to physically separate, other unfortunately cannot, which may mean taking up residence in different parts of the same house.

An essential part of the financial evaluation is making the determination of which debts were incurred before the separation, as well as after. This should include any shared bills paid and improvements, if any, made to common property during the separation. You should also use this time to update your insurance coverage if any of those improvements added value to your property.

At this point you should decide whether or not you and your spouse will be filing your taxes jointly, or separately. Next time, I’ll talk about the other steps leading to a divorce or legal separation.

Alabama Divorce News: Tiger Woods' Wife Rumored to be Talking to Divorce Attorney

Steve Eversole — Fri, 11 Dec 2009 10:19:44 -0600

In the recent maelstrom of mistress allegations, Tiger Woods may be headed to divorce court if the gossip pages are correct. As a Birmingham divorce and family law attorney, I have first-hand experience with divorce and separation cases involving infidelity in a marriage. While Mr. Woods’ situation is perhaps more extreme than most, the result -- a wife deciding to consult a divorce lawyer -- is nothing new in my profession.

Revelations of a single or as in this case multiple affairs can quickly push a marriage toward divorce or, at best, legal separation. Sports figures, entertainers and other personalities can sometimes be more prone to marital troubles than the rest of us, it’s a big let down to those who revere these high-profile names.

In this case, according to various news reports, Elin Nordegren is planning to divorce the fallen golf icon. That piece of information came from a source, who recently spoke to People magazine, adding that Nordegren has “made up her mind." More damning is the reports from the New York Daily News, which reported that the 29-year-old Nordegren and husband Tiger would be “going their separate ways for the holidays.”

The article says that the former model will be heading to Sweden with the couple’s two children, while Woods will be staying home. According to reports, the golfer is looking for a “safe harbor” and waiting for the storm to settle. He reportedly will be spending the holidays with two or three of his male friends.

Reports also state that a friend of Woods claims the golf great had likely cheated on Nordegren with more than the dozen or so women who have already emerged since Thanksgiving. The latest news reports allege that Woods wired thousands of dollars every month to several women, with one receiving up to $20,000 a month, according to MSNBC.

Tiger Woods' wife Elin Nordegren ready for divorce: report, NYDailyNews.com, December 16, 2009

Alabama Divorce News: Visitation Schedules can be Flexible in the Eyes of the Court

Steve Eversole — Fri, 04 Dec 2009 10:49:02 -0600

As a Birmingham, AL, divorce lawyer and family law attorney I get many questions from clients regarding all aspects of divorce, separation, child custody and other divorce-related topics. This is a difficult time for all parties in a divorce, but there are some key topics that concern many a spouse and parent affected by legal separation and especially divorce, namely visitation rights.

What is Standard Visitation?
Depending on where you live in Alabama, you may have questions on what is standard visitation for any minor children involved in a divorce. While the custodial parent has little concern in this area, in my experience shows that the non-custodial parent is the one who is almost always anxious about the court’s decision regarding visitation.

In theory, most domestic relations and/or juvenile court judges have very wide latitude when it comes to visitation schedules. In fact, the court usually decides on a case-by-case basis what is best for the children. Depending on the facts and circumstances, the visitation schedule for one couple can be very different from that of another.

While there exist visitation guidelines, it is widely understood that most judges settle on their own “standard visitation” schedules, which they place in their orders. Because each judge has rather wide discretion to fashion a special visitation schedule for a particular couple, the parties going through the divorce should be prepared for certain deviations. This is why it is always advisable to retain the services of a qualified divorce and family law attorney.

It is also important to note that even the final order can vary slightly from the basic order. For instance, in one jurisdiction a Wednesday night could maybe be added if the parties ask for it, but the court may not allow much more that that, in spite of any agreements between the two parties. However in an adjoining county, you may well find that a Wednesday night is already part of the standard order.

In the end, divorcing parents will find that cooperation is the best approach when it comes to visitation. This is because the visitation order usually only applies when the parties cannot agree on their own schedule -- serving as a minimum allotment of time for the non-custodial parent to get his or her share of visitation. But if you both can agree on your a mutual schedule, then your are free to create and follow that no matter what the judge’s order states.

Alabama Juvenile Arrested for Soliciting Sex from Undercover Police Officer in Prostitution Sting

Steve Eversole — Fri, 27 Nov 2009 10:03:47 -0600

Based on a recent news article, police in Mobile, AL, have arrested a teenage boy for soliciting sex from a female law enforcement officer posing as a prostitute during a recent sting operation to catch adults buying sex on the street. According to police reports, the female police officer attempted to run the 13-year-old suspect away from the scene, but the child continued to return.

As a Birmingham family law attorney and Alabama divorce lawyer, I know the how much trouble teenagers and pre-teens can get themselves into from time to time. Juveniles like the kid in this situation don’t always know the consequences of their actions, which is why the law treats them differently from adults.

While children can get themselves into big trouble by committing serious crimes, usully it’s just a case of kids being kids -- not that they should be excused, but children typically test the limits of their behavior by going over the line occasionally. As a juvenile defense lawyer, my experience tells me that most kids make mistakes that and should be treated as juveniles, although a smaller percentage truly require an adult-style criminal defense.

In this case, the child was charged with a misdemeanor count of loitering while looking for a prostitute. Even seasoned veterans of the Mobile police department were surprised by news of the arrest -- according to new reports, the next-youngest suspect nabbed in the sting was 22 years old.

One patrolman, Officer Christopher Levy, said he had never heard of a juvenile john being arrested. “It sounds very young,” said Levy acting as a spokesman for the Mobile Police Department.

The arrest occurred during a prostitution sting operation that was set up in a residential area earlier in November after citizen complaints started coming in about prostitutes trolling for business around three intersections. An officer playing the part of a hooker noticed a would-be customer looked a little young.

Police reported that the child approached the undercover officer and allegedly propositioned her for sex and the officer tried several times to get the 13-year-old to move on. According to police, the youngster kept returning so she had no choice but to arrest the boy, along with fifteen adults who were arrested on various prostitution and drug-related charges.

Prostitution sting snares boy, 13, PNJ.com, November 18, 2009

Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 2

Steve Eversole — Fri, 20 Nov 2009 10:19:58 -0600

When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and other marital and post-marital agreements remains one of sympathetic, yet aggressive advocacy.

My years of experience in divorce-related and family law matters has equipped me to provide the necessary counsel during one of the most trying times in a person’s life. Here are some additional legal terms you may run across when facing a divorce or separation in the state of Alabama.

Alimony, Maintenance, Spousal Support
The awarding of alimony is determined by the court based on the need of the spouse requesting alimony and the ability of the other to pay. If fault is a factor in the divorce, the judge has the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify. However, any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount of alimony.

Child Custody
Child support is determined using the Income Shares model, with the theory that children should continue to receive that same amount of support as if the parents were still together.

Child Custody
The courts in Alabama strives to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court shall in every case consider joint custody, however it may award any form of custody which is determined to be in the best interest of the child.

Joint custody does not necessarily mean equal physical custody. In determining whether joint custody is in the best interest of the child, courts typically consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

The agreement or lack of agreement of the parents on joint custody
The past and present ability of the parents to cooperate with each other and make decisions jointly
The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent
Any history of or potential for child abuse, spouse abuse, or kidnapping
The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody

Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 1

Steve Eversole — Fri, 13 Nov 2009 10:51:08 -0600

Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and informed counsel in a time of emotional upheaval.

Having an experienced attorney by one’s side is paramount when working through the various steps of legal separation and divorce. I have the training to make the process as smooth as can possibly be expected under the circumstances. The many legal terms and conditions can be confusing for some people, which is why I always recommend finding a competent divorce lawyer right off the bat.

Here are some of the legal terms you may run across when facing a divorce or separation in the state of Alabama.

Legal Separation
Here in Alabama, the state recognizes legal separation. Courts will typically enter a decree of legal separation if all of the following requirements are satisfied:

The court determines that the jurisdictional requirements for the dissolution of a marriage have been met
The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart
To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with the law

Property Division
Alabama is an equitable distribution state, which means that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband. All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit.

Additional information will be included next week in part two of this discussion.

Alabama Divorce News: Lindsay Lohan's Father Faces Jail Time over Child Support Non-payment

Steve Eversole — Fri, 06 Nov 2009 10:31:56 -0600

As a Birmingham, AL, divorce lawyer and family law attorney I have represented numerous clients facing jail time, fines and court costs over non-payment of child support and other court-ordered obligations. A recent news article shows that anyone can be hit with sentence of jail time due to not paying support to a spouse for either child support or alimony. While this is a serious issue here in Alabama and elsewhere, in many cases there may be extenuating circumstances surrounding the non-payment, which is why folks need a qualified divorce attorney by their side.

If we are to believe the gossip columns, Linsay Lohan's dad is reportedly six months behind in his child support payments. The mother’s complaint is that Michael Lohan is being paid for making personal appearances across the country to speak out about his daughter Lindsay, yet he allegedly is not meeting his financial obligation to the three younger Lohan kids.

Because of this Mr. Lohan could face a jail sentence over non-payment of child support, according to Lindsay's mother, Dina Lohan. The minor Lohan children involved in this support case are Ali, Michael Jr. and Dakota.

According to the tabloids, Michael Lohan has been paid to appear on U.S. television shows nationwide to publicly plead with the "Mean Girls" star to seek professional help for her reported addiction to prescription drugs. At the time of the reports, Dina Lohan was said to be planning to file court papers earlier this week in an effort to get Michael to pay her what he allegedly owes.

Child support and alimony payments are usually ordered by a court in the final marital agreement. Under Alabama law, every child has a basic right to receive support, and every parent has an obligation to pay support. A temporary child support order is requested when parents separate to divorce. A final child support order is entered by the court in the final marital agreement. Thereafter, child support is enforceable as a post divorce legal action.

This is where Mr. Lohan could end up in prison if it can be proven that he has failed to meet his obligations based on the final marital agreement following the couple’s divorce. Meanwhile, it has also been reported that Lindsay Lohan has planned to seek a restraining order against her estranged father after he publicly pleaded with her to seek professional help for her alleged addiction to prescription drugs.

The actress was reportedly horrified to discover her dad claimed she was on "death's doorstep" -- and now she has taken to Twitter to blast Michael, after his public allegations left her younger sister in tears.

Michael Lohan may be facing jail time, MSN.com, November 1, 2009

Birmingham Divorce Update: Discussing Money Matters can make a Marriage More Secure

Steve Eversole — Fri, 30 Oct 2009 10:04:31 -0600

The causes for divorce are many, but one of the primary reasons couples in Alabama get divorced is due to issues surrounding money. Whether it’s poor financial planning, excessive spending by one or both spouses or simply constant disagreement over household financial priorities, money can be the bane of a marital relationship. A surprisingly large percentage of people who become legally separated, as well as those who actually go through divorce, will tell you that money was the culprit.

As a Birmingham family law and divorce attorney, I’ll add that it’s not just money, but the lack of communication about money that trips people up. A good marriage thrives on communication. Lack of communication hardly ever helps a relationship survive and often leads to divorce.

A recent New York Times article addressed this subject. There are several things to keep in mind when approaching the subject of household finances. Whether you’re living together and planning to get married, or married already, these pointers may make the difference in whether or not your future together will be relatively smooth going or rocky from the start.

Money: Topics of Conversation

Explore with your partner each other’s background as it applies to financial education. Did your parents teach you about money and personal finances? And what is your “financial philosophy”?
Talk about credit. Does each person know his or her credit score? Be honest about why your score may be low or how it could be improved. How can your credit scores and credit history affect your future as a married couple? Will they affect your goals?
Discuss who will take the lead in handling the family finances. Who handles it now? And who will decide how much each person can spend in order to maintain a positive cash flow for the family?
Talk about where you want to be financially in five years. Where do you want to be in 10 or 20 years? And what are your individual goals for retirement?

Marital Finances: For Richer, For Poorer
It’s hard to get through modern life these days without money, but when two people commit legally to each other, as with a marriage, each other’s finances become tied together, legally. A couple looking toward marriage should consider how the future combining of that pool of savings, income and finances will affect their life together. It can make for a smooth transition to a happy and growing marital relationship.

As a divorce lawyer in Alabama, I’ve seen the result of poor financial planning and bad money management and how these can negatively impact a marriage. Love may be the reason you got together, but money can be your undoing. My advice is to be open and talk about each other’s wants and needs. You may find that it’s liberating and takes the guesswork out of planning for your happy future together.

Money Talks to Have Before Marriage, NYTimes.com, October 23, 2009

Getting Married in Alabama? Consider a Prenuptial Agreement for Protection in Case of Divorce

Steve Eversole — Fri, 23 Oct 2009 17:05:04 -0600

These days everyone is concerned about their future. Individuals facing marriage are no different and that is why many people considering marriage look at a prenuptial agreement as a way of preserving their property in case the marriage somehow does not work out. While a “prenup” should not be looked at as foreshadowing a future breakdown (and possible divorce) in a marital relationship, it is many times a necessary “evil” in these uncertain times.

As a Birmingham divorce and family law attorney, I’ve helped many clients craft their prenuptial agreements based on their own set of personal circumstances. Whether you are a future husband or wife, a big concern for many folks is how even the suggestion of a prenup will affect their relationship heading into marriage. Frankly, if both partners are adults, it should not affect their romantic relationship one bit.

From a legal standpoint, a prenuptial agreement is simply a written document created between the bride and groom prior to the marriage ceremony and exchanging of vows. Like any agreement, the prenup addresses property settlements in the event of divorce -- this may or may not include other legal considerations, such as additional obligations that may arise during the marriage.

For couples in Alabama, the law provides for certain required procedures during the creation of the prenup. These include full financial disclosure between the two parties. An important point to make here is that the law in no uncertain terms prohibits a prenuptial agreement if either party has not truthfully represented the facts.

While prenuptial agreements became well known years ago as the wealthy person’s prerequisite to marriage, these documents have becomes more and more common among individuals of more modest means. Perhaps even more important for those who have worked so hard for just a modest nest egg or investment property, prenuptial agreements are a means of reassuring the soon-to-be spouses that each party’s assets are protected.

Not just a way of preserving one’s wealth in the event of a divorce, prenuptial agreements can also be used in the event of death or to establish other postnuptial agreements.

Another use for a prenup is when entering into a second marriage. Since an individual may have sizable assets from a previous marriage, creating a prenuptial agreement is a way of retain sole ownership of those assets so that they may be passed onto any children from the first marriage, for example.

As with any legal document -- to ensure that a prenuptial agreement is valid and to be sure that both partner’s rights are protected -- I highly recommend that each party consult with their own separate attorneys prior to entering into the prenup. It may not be the most romantic aspect of marriage, but it could make your future that much more secure.