Alabama Divorce & Family Law Attorney Blog

Alabama Child Support Modification Orders Require Skilled Lawyer

Steve Eversole — Sun, 12 May 2013 06:33:07 -0600

Most people think of needing a Birmingham family law attorney when they are about to file for a divorce.

And it's true that it's certainly important to secure solid legal representation before you even initiate divorce proceedings.

But you might find yourself needing the assistance of a family law firm long after the divorce order has been finalized, particularly if you and your ex share children. These are called "post-divorce actions."

One of the primary reasons is child support modification.

The court won't typically allow for a child support modification - unless there is some material change in circumstances that is both substantial and also continuing since the last order of child support. This kind of material change could involve any of the parties involved - either parent or the child.

That said, there are no hard-and-fast rules for when a modification will be awarded and when it will be denied. That means a lot of is going to depend on the strength of the argument presented by your attorney - so the person you choose to represent you may have a great deal of influence on the outcome.

Just to give you an idea, though, here are some general reasons that would the court would grant a review of the current child support order:

The parent who is paying the child support has been spending more time with the child. This might in turn lower the amount of support being provided to the parent who is on the receiving end.
The parent who is paying child support has been earning more money. This could result in an increase of support payments to the receiving parent.
The parent who is paying the child support has encountered a severe financial hardship. Some examples of this might be if he sustained a serious injury that rendered him unable to work or if he suffered a major illness resulting in astronomical health care expenses that left little left over. Any situation like this might be grounds to have the support payments lowered.
The parent who is receiving the child support has had a change of income. That could be the result of a remarriage or a job promotion or it could be the result of a job loss or health issue. Depending on the circumstances, an increase or decrease could be warranted.
There are some extraordinary costs for transportation for visitation purposes that are being substantially shouldered by one of the parents. For example, if your ex moved with your children out of state and you now must pay the cost for flights every time you wish to see them, that could factor into decreasing the support payments.
Your child has a medical emergency or becomes disabled or requires some level of extra care that makes the current level of support inadequate.
The passage of time. The cost of living may increase over the years. So too does the cost of raising a child as he or she gets older. If you can prove that the changes have been significant, you may be entitled to an increase in support.

Note that these are not the only reasons why the court would consider a modification, so if your situation varies somewhat, it's certainly worth it to discuss your options with an attorney.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Rule 32, Child Support Guidelines, Effective Oct. 4, 1993, Alabama Rules of Judicial Administration, www.alacourt.gov

More Blog Entries:

Winning Alimony in Birmingham Shouldn't Be "Hell," April 9, 2013, Birmingham Family Law Attorney Blog

Birmingham Child Custody Evaluation Preparation Tips

Steve Eversole — Wed, 08 May 2013 13:14:43 -0600

Celebrity news sites have been recently reporting on the fact that Brooke Mueller, mother to Charlie Sheen's twin sons, has lost custody of her children, at least temporarily, to Sheen's other ex, Denise Richards, with whom the actor also has two daughters.

Our Birmingham child custody lawyers understand this particular case involves allegations of substance abuse, and the two women are friendly with one another. This latest custody arrangement was made with the approval of Sheen, who himself has had a well-documented history of substance abuse.

Many parents in Alabama have, for one reason or another, found themselves in a situation where they have lost custody of their children and are working hard to regain it or have had to fight to be granted sole custody.

Officially, Alabama favors a joint custody arrangement in which both parents play a central role in raising the child, though they may not share equal physical custody.

In some cases, the court may award sole legal custody to one parent over the other. That means that one parent is given the sole right to make important decisions regarding the child's education, health, religion and general welfare.

Still, judges will consider a joint custody option before anything else, unless there is just cause to show why that would not be in the best interest of the child. In cases where neither parent is considered suitable, other relatives, such as grandparents, aunts or uncles, may be considered.

The court should also take into consideration the safety and well-being of the child, the capacity of each parent to provide for the child's physical, emotional, social and educational needs and in certain cases, the preference of the child.

In cases where either you have requested or the court has deemed it necessary to hold a child custody evaluation, the court may appoint a custody evaluator who will meet with both parties and then make recommendations to the court based on those meetings.

Needless to say, there is a lot of pressure, and a lot of parents find themselves overwhelmed by the prospect.

As such, there are some general tips that will be helpful before you begin:

Heed the advice of your attorney. You have an attorney, right? That's one of the most important first steps. He or she will be able to advise you of any specific things you will want to bear in mind. Listen to his or her advice.
Understand the role of the evaluator. This person is not your friend. She is not your counselor. She is not your advocate. All of that is true whether you were the one who requested the evaluation or not. Never assume that this person is on your side.
Don't coach your child about what he or she should say. The evaluator will notice it, and it won't bode well for you.
Be on time, dress neatly and be polite. Be careful not to get offended if the evaluator asks questions you may not like. He or she is just trying to gauge what is in the best interests of the child.
Don't speak badly about your ex, unless the circumstances are extreme. You can be honest, but you want to show that you have the desire and ability to co-parent.
Make sure you have as many positive character references as possible.

If you are dealing with a child custody issue in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Denise Richards Will be Keeping Brooke Mueller's Twins for Foreseeable Future, May 6, 2013, By Jen Heger, Radar Online

More Blog Entries:

Birmingham Stepparent Adoption Help is Available, April 17, 2013, Birmingham Family Law Attorney Blog

Jefferson Divorce Judge on Leave Following Complaint

Steve Eversole — Sun, 05 May 2013 12:23:20 -0600

A retired judge has agreed to temporarily take on Jefferson County divorce cases after Jefferson County Circuit Court Judge Dorothea Batiste was suspended with pay, while a hearing involving complaints against her is pending before the Alabama Court of the Judiciary.

Our Birmingham divorce attorneys understand that as of April 23, divorce cases in the county circuit court will be handled by Judge Gary Pate. His assistance will allow all pending divorce cases on Batiste's docket not to become stalled while she is unavailable to continue hearing them.

There may still be some issues with continuity, but those situations can be handled on a case-by-case basis. Pate had once been the presiding circuit court judge in the domestic relations court.

In the meantime, the Alabama Judicial Inquiry Commission has released a lengthy complaint against Batiste that charges 30 violations of the state's canons of judicial ethics in five of the divorce cases over which she was presiding. Her suspension came immediately following the release of that complaint, which will ultimately be heard before the court of the judiciary, specifically alleges wrongful arrest orders for witnesses or other parties accused of contempt of court in divorce cases.

Specifically, she is accused of repeated failure throughout 2011 and 2012 to comply with Rule 70A of the Alabama Rules of Civil Procedure pertaining to due process, as outlined in both the state and federal constitutions.

The inquiry commission says that not only are the basis of these arrests in question, but the fact that Batiste additionally ordered that the defendants not be released on bond is being challenged.

The contempt of court arrests involved mostly women but at least one man.

In one of those cases, the arrest warrant was issued for the single mother of a 6-year-old girl after she failed to appear at a court hearing as a witness in a divorce case. It was not her divorce. The woman had contacted her own attorney after finding a subpoena on the door of her unoccupied apartment two days before the scheduled trial date. She had already scheduled a Florida vacation with her family at that time. Her lawyer advised that the subpoena was not properly served and therefore she was not obligated to appear in court.

She called the court to ask if the case was being continued, but the clerk could not give her an answer. She went on her vacation as planned. She later learned Batiste had issued an arrest warrant for her, even though the case had been continued. Further, the commission reported, Batiste ordered that the woman be held without bond - a violation of state law.

When her attorney attempted to schedule a hearing to purge the outstanding warrant, he was informed that the judge wanted the witness to spend some time in jail before she would hear his motion.

The defendant turned herself in on a Friday and the judge scheduled the hearing for the following Monday. However, the judge reportedly refused to allow the defense attorney to argue the law or facts of the case or for the defendant to speak in her own defense.

The defendant was subsequently allowed a conditional release from jail, provided she pay a $950 attorney fee to the representative of the individual she was set to be testifying against.

The five other cases are detailed in this same narrative throughout the commission's complaint.

An attorney for Batiste has called the allegations a "travesty of justice."

If the court of the judiciary finds Batiste has done wrong, it has a number of options for recourse, up to and including removal from her judicial post.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Jefferson County Circuit Court Judge Batiste suspended with pay after complaint about arrest orders for contempt, April 22, 2013, By Kent Faulk, AL.com

More Blog Entries:

Divorce and Insurance: U.S. Supreme Court to Decide Who Gets the Money, April 23, 2013, Birmingham Divorce Lawyer Blog

Alabama Divorce Lawyers Alarmed by Proposed NC Law Change

Steve Eversole — Mon, 29 Apr 2013 11:30:07 -0600

A bill was recently introduced in North Carolina that would make it tougher for married couples to obtain a divorce - even those without children and whose cases are fairly straightforward.

Our Birmingham divorce lawyers understand that the North Carolina bill would mandate a two-year waiting period upon application of a divorce from either party. Additionally, couples would be forced to undergo a counseling courses on conflict resolution and improving communication skills. If the couple have a child in common, they would be required to undergo a separate course on the impact of divorce on children.

While we do understand the desire of conservative politicians to strengthen the bonds of marriage,the reality is that many of these unions are irretrievably broken, all parties involved know it and no one is done any favors by having the process dragged out for years.

Proponents of the measure say divorce is far too easy and that making it harder will keep people together. Perhaps that is true in some cases.

However, people end their marriages for all sorts of reasons - many of them very good ones. If your spouse cheats on you and you don't have children, you may not have any interest at all in working on improving your communications with them. It's painful as it is, you don't need more time to think about it and you simply want to be done with it.

With the current divorce waiting period in North Carolina at one year, it's already one of the longest in the Southeastern United States as it is. Virginia and South Carolina also require on year. But in Tennessee and Georgia, couples need only wait a few weeks. In Florida, couples can actually file their request online.

In Alabama, there is no waiting period for which to file. Couples don't have to file for legal separation if they don't want to do so (although there may be advantages to it, depending on the circumstances of your case). According to Alabama Code Section 30-2-8.1, the judge has to wait at least 30 days from the filing of the complaint in order to enter a final judgement of divorce. Temporary custody, child support, visitation, exclusive occupancy and restraining orders are exempt from this waiting period.

One very troubling aspect of the North Carolina measure is that there is no special exception made for victims of abuse or domestic violence. Legislators said they "might" add that to the bill before it reaches the Senate floor, but it wasn't a guarantee.

To force victims of abuse to endure an additional year of being tied to an abuser is not only cruel, it's potentially dangerous.

In Alabama, there are a dozen different legal grounds for divorce. Those include adultery, voluntary abandonment, imprisonment, commission of a crime against nature, addiction, a long-term mental hospital confinement, domestic violence or the pregnancy of a woman before marriage with someone else's child. All of those require a finding of fault, Most usually, people file under either incompatibility or irretrievable breakdown of the marriage - neither of which requires proof of fault.

Although the law in North Carolina won't have any direct effect here, even if it is passed, we'll be watching it closely. We here in Alabama also have a generally conservative legislature, and it's not out of the question that should this North Carolina law gain traction, Alabama may soon find itself introduced to something similar.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

North Carolina lawmaker wants to impose a two-year waiting period for divorce, March 29, 2013, By Katie mcDonough, Salon.com

More Blog Entries:

When Alabama Was the Quickie Divorce Capitol, March 26, 2013, Birmingham Divorce Lawyer Blog

Alabama Divorce Transformed By Advancing Technologies

Steve Eversole — Fri, 26 Apr 2013 10:33:51 -0600

There is a fair amount of evidence to suggest that people have been getting married since pretty much the beginning of human civilization.

They've been getting divorces for about that long too, though our Birmingham divorce attorneys recognize that the process of a union's ending - much like its beginning - has varied through the ages.

We all know that in the U.S., divorces have rapidly increased in terms of both sheer volume and acceptance over the last 60 to 70 years. Even just from 2000 to 2011, the Centers for Disease Control reports the divorce rate increased from 6.8 per 1,000 people to 8.2 per 1,000.

It may be coincidence that during these time frames, technology has advanced exponentially. Even if technology isn't necessarily prompting the divorces, it is most certainly playing a larger-than-ever role in the proceedings.

We are now seeing every aspect of divorces affected by technology. Splits are initiated on the basis of Web site traces, smart phone records, e-mail messages and texts.

We have seen in some cases where spouses have stolen phones, hacked Facebook pages and even loaded surveillance devices onto family computers.

What we are increasingly seeing is that just about every shred of information you might have once held private is not necessarily so anymore. As the president of the American Academy of Matrimonial Lawyers was quoted by the New York Times as saying a few years ago: "(Electronic evidence) has completely changed our field."

What we tell our clients is that almost every digital communication you've ever had holds the potential to be used against you in divorce court.

This can either work to our client's advantage or disadvantage, depending on the circumstances.

On the one hand, it can be detrimental to clients involved in an affair, consuming illegal substances (or even abusing legal ones) or hiding money. On the other hand, it can be very beneficial to the party on the other side.

We routinely handle cases in which there are requests to judges for court orders to seize and copy computer hard drives and sometimes even phone records, especially if there might be the opportunity to reveal a more complete picture of the couple's finances or the suitability of one parent over the other with regard to child custody.

But the laws in this realm can be complex, and they haven't all yet caught up with the technology. For example in some cases, it might be illegal for you to access your spouse's email address. Same thing with phone messages, even if you're on the same family plan.

You may be wise to run your suspicions by a divorce lawyer first, just to see whether your tactics will be able to stand up in court - or whether you might actually find yourself criminally prosecuted for such action.

But as for our client's e-mails, what we tell them to consider is that the only truly and consistently protected information in your private e-mail accounts are messages to and from your attorney, as those will be covered under attorney-client privilege.

With everything else, you need to understand that once you hit that send button, you aren't guaranteed privacy.

Platforms like Facebook have made this all particularly interesting because now, we have a clear, documented timeline of events, interactions, photographs and videos. No matter how tight your privacy settings are on your social media page, consider everything on it public.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Tell-All PCs and Phones Transforming Divorce, Sept. 15, 2007, By Brad Stone, The New York Times

More Blog Entries:

Advantages of Being First to File for Divorce, April 2, 2013, Birmingham Divorce Lawyer Blog

Divorce and Insurance: U.S. Supreme Court to Decide Who Gets the Money

Steve Eversole — Tue, 23 Apr 2013 09:53:37 -0600

Our Birmingham divorce lawyers know that there is always much to consider following the end of a long-term marriage.

One of those that must be weighed carefully is the distribution of assets, particularly when it comes to various insurance policies, joint accounts, and retirement funds. The hope is that by the time the divorce is finalized, there won't be any outstanding questions and you will be free to move on without any lingering doubt.

However, that doesn't always happen, and it can lead to bitter battles many years later.

That's what's happening in the case currently before the U.S. Supreme Court. Hillman v. Maretta involves a widow, an ex-wife and a man who died five years ago.

It started back in 1966 in Virginia. It may end in implications for divorcees in Alabama.

According to court documents, Warren Hillman married Judy Maretta. Back then, he was a federal employee, and he named his wife as the beneficiary on his group life insurance, which was held by the Federal Employees' Group Life Insurance Act.

Two years later, the pair decided to end their marriage.

Hillman remained divorced until 2002. At that time, he remarried. However, what he failed to do was update his life insurance policy to reflect that his new wife would be the beneficiary. Even though it had been 34 years since his marriage to Judy ended, she remained the beneficiary on his policy.

Just six years after his remarriage, Hillman passed away. Per the details of the policy, his ex-wife received approximately $125,000 in federal life insurance benefits.

The man's widow, however, felt this completely unfair - and she sued in civil court in Virginia under a state statute that revokes the right of a divorced spouse to life insurance benefits in favor of the widower or widow. The idea is that most people presumably want to have benefits channeled to their current spouse, rather than any ex-spouses.

(In a similar case out of Alabama, Brunson v. Harold, the appellate court ended up siding with the widow, rather than the ex-wife and her adult children.)

At its root, the Hillman case is about preemption. That is, does a federal statute preempt the state law in this regard. Specifically, U.S.C. 8705 holds that federal life insurance policies have to be paid out in order of precedence. At the top of that list is any beneficiary or beneficiaries named by the decedent. In this case, that would be the ex-wife. If the Supreme Court finds that federal law preempts the state law here, there is a likelihood the ex-wife would get to keep the money.

The widow is arguing that in this case, federal law wouldn't preempt state law because states for the most part are responsible for the oversight of domestic relations - specifically, family and divorce matters.

Initially, the county circuit court agreed with the widow. But that decision was later reversed by the state's supreme court, on the basis of preemption. Now, it's in the hands of the U.S. Supreme Court Justices.

The real blunder here was by the deceased spouse. His ex-wife should have been removed as beneficiary under his policy soon after the divorce. Had he done this, then under the order of precedence, his widow would be the next in line for the money. Again, this illustrates why having an experienced divorce attorney is so critical. You need to ensure that no aspect has been overlooked.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Court: Does ex- or current wife get money? April 22, 2013, Alabama's 13, WVTM-TV

More Blog Entries:

Winning Alimony in Birmingham Shouldn't Be "Hell," April 9, 2013, Birmingham Divorce Lawyer Blog

Birmingham Stepparent Adoption Help is Available

Steve Eversole — Wed, 17 Apr 2013 12:22:50 -0600

More than ever, blended families are becoming the norm in the U.S.

You have 60 percent of all marriages ending in divorce, 75 percent of all divorced persons eventually remarrying and 65 percent of those involving at least one child from a prior marriage.

This is a big part of the reason that stepparent adoption has become the most common type of adoption.

Our Birmingham stepparent adoption lawyers know that this will be a pivotal moment in all of your lives, even if you have been living together as a family for some time now. It means that the stepparent promises to assume both legal and financial responsibility for his or her spouse's child. It also requires that the noncustodial parent will relinquish all of his or her rights or responsibilities with regard to the child - including child support.

In some of these situations, the other legal parent is deceased. That will mean the process is a fairly straightforward one, particularly if the child is young and this is something desired by all parties involved.

Usually where we might see the most complications is a noncustodial parent who has a change of heart. They may initially agree to the decision (often with the understanding that their child support obligations will be relinquished) only to later fully grasp the gravity of the situation and suddenly do an about-face. Usually, it is not so much that the noncustodial parent intends to suddenly be an involved part of the child's life as he or she doesn't want to let go of that sense of power. And of course, it can be an incredibly emotional transition, even if the noncustodial parent realizes that the stepparent adoption is in the best interest of the child, emotionally and financially (particularly with regard to things like insurance, etc.).

These situations have to be handled with firm strength, but also with compassion and understanding. Our goal is for everyone to walk away from the process feeling confident in the fact that they have done the right thing.

The good news is that a stepparent adoption with the consent of the noncustodial birth parent is often much easier than a non-relative adoption. A lot of the procedures are the same, but you do get to skip over some of it. For example, a lot of times you won't have to go through the home study, the waiting period or the adoption hearing.

There are some situations in which noncustodial consent isn't offered, but the stepparent may still be awarded parental rights. If you can show that the parent has essentially abandoned the child for at least a year - no phone calls or visits, no child support payments, etc. - you could likely make a good case for adoption. Similar circumstances might exist if the noncustodial parent is in prison and is expected to be so throughout most of the child's youth. Along these same lines, you might be able to prove that a parent is unfit if he or she has a long history with drug or alcohol addiction or criminal history.

If you have questions on this process, we are here to help.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Stepparent Adoption, Information Page, Birmingham Adoption Lawyer Steven Eversole

More Blog Entries:

Alabama HB 236 Addresses Birmingham Child Custody, Substance Abuse, March 8, 2013, Birmingham Child Custody Lawyer Blog

Lottery Winner Owes Thousands in Back Child Support Payments

Steve Eversole — Fri, 12 Apr 2013 11:52:42 -0600

Our Birmingham child support attorneys have come across many clients who were reticent to seek child support payments because they were sure the other person couldn't or wouldn't pay and there would be little opportunity to force them to do so.

This is simply not true, and a case out of New Jersey illustrates why it is important to, at the very least, get that order in writing.

In that case, one man was the incredibly lucky winner of $338 million, which he chose to accept in a lump sum of $211 million. This was the third-largest single cash prize ever awarded by the lottery.

The very next day, sheriff's deputies were knocking on his door. As it turned out, the Powerball winner was nearly $30,000 behind in child support payments.

Of course, he now has ample ability to pay - and to continue paying, if that's what the court order requires. But the fact that the mother of his children had that order in hand means that collection of back pay and future funds will be relatively easy.

Such an order would not have been impossible to obtain after the fact, but it would have been measurably more difficult.

Now, we're not expecting a rush of deadbeat parents to suddenly come into a fortune. But it's not uncommon for situations to change. Addicts get clean. The unemployed get jobs. People graduate, get promoted, earn a raise, claim an inheritance. There are all kinds of reasons why someone who was previously unable to pay child support is suddenly able to begin making payments, and there are numerous resources to utilize in order to collect those payments. Rarely if ever will it involve you personally reaching out to your ex.

Additionally, such changing circumstances might be grounds for modification of a child support order. Where once your ex may have only been able to afford $200 a week, now maybe it's more reasonable that he can afford to pay $300 a week.

You might also be entitled to a temporary modification if, say, your child has a one-time major expense, such as school uniforms or braces, that will require some extra support. You may also seek a permanent change if some circumstance changes with your child. For example, if your child falls ill or requires some special needs care, you may seek an order requesting more in child support payments.

At the federal level, it is a misdemeanor to willfully fail to pay past due financial support for one's children. That may be bumped to a felony if there is some interstate effort to evade payment obligations or if the amount is above the $2,500 threshold or if it's been unpaid for more than two years.

Even if your ex doesn't come into a windfall, there are still options the courts can take to force his hand, such as:

IRS and state tax liens;
driver's license suspensions;
passport denials;
sheriff seizure of automobiles;
wage withholding.

States know that the more arrearages accrue, the tougher it can be to collect, so there is an incentive to act quickly when there is an issue of non-payment.

In the case of the lottery winner, in many cases, the state's division of lottery would satisfy that judgement against him before any winnings were awarded. The sheriff's office warned that unless and until that amount was paid, the winner was subject to arrest.

If you are planning to seek child support payments in Birmingham, all our experienced attorneys today.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Powerball Winner Owes Thousands in Child Support Payments, By Korva Coleman, March 28, 2013, Alabama Public Radio

More Blog Entries:

Birmingham Child Support Cases Affected By Facebook, Other Social Media, March 13, 2013, Birmingham Child Support Lawyer Blog

Winning Alimony in Birmingham Shouldn't Be "Hell"

Steve Eversole — Tue, 09 Apr 2013 11:07:04 -0600

A recent story out of Southern Florida chronicled the three-year saga of a divorcing couple.

In many ways, our Birmingham alimony lawyers recognized it as a story similar to so many across the country. They fell in love. Had children. Lived well. Vacationed around the world. Then they fell out of love, each for their own reasons. Now, they were dividing every detail of their lives - their assets, their bank accounts and their time with their children.

Most news outlets won't touch an individual divorce case with a 10-foot pole, especially not in-depth and over the course of three years, unless there is some compelling reason, such as the significant prominence of at least one of those involved.

The Tampa Bay Times enterprise reporter attended one hearing early on at the invitation of the husband, simply as a way to see how the process worked. What she ended up finding was all the ways the process didn't work.

In her in-depth story, "The divorce from hell, the battle for alimony and emptied pockets," she wrote about how the issue of alimony had been the one bit that had bogged the case down from the start (although it was true that by that point, the couple could hardly agree on anything at all).

The husband had started with an offer on the table of $5,400 a month. That was rejected, and six offers and many bitter legal battles later, it was down to $0.

Cases like this are often referred to as high conflict, and they require an attorney who can be equal parts aggressive and sensitive. In these cases, an attorney needs to know when to stand his ground and when to back down.

It's important because the issue of alimony or child support or asset division needn't spiral into a years-long nightmare like this one. Sure, it's easier if you and your soon-to-be-ex can come to an agreement. But it's expected you will have differences. That's probably one of the reasons you are divorcing in the first place. An experienced lawyer knows that while divorce is almost never easy, it shouldn't be "hell."

On the issue of alimony, Alabama State Divorce Code, Chapter 2, Section 30-2-52, 30-2-53, these payments, if any, will be based on the need of the person requesting versus the ability of the other to pay it. If fault (such as infidelity) is a factor in the divorce, the judge has the authority to make an allowance to either spouse out of the estate or to decline to do so.

It's worth noting that whatever property you or your spouse acquired prior to the marriage or as a result of an inheritance will not be considered as subject to calculation in alimony determinations.

In some cases, a judge may order a temporary alimony agreement during the course of the divorce proceedings. That order may be lifted in favor of another or none at all following the end of the process. This can either be paid on a set schedule or in a lump sum.

Permanent alimony was once quite common, though it has become rarer as the years have worn on. In many cases, the judge may order long-term alimony, but will decline permanent alimony payments. Permanent payments are often reserved for older folks, particularly those who may have served as homemakers during especially long marriages.

In shorter marriages, the court is generally going to view alimony through the lens of rehabilitation. That is, an allowance given for a set period of time to allow the other spouse to get back on his or her feet.

There have been some cases in which the court has awarded some modicum of alimony to a spouse who worked full-time to support both parties while the other was attending advanced vocational training or graduate school.

Whatever your situation, we are dedicated to helping you through this process with as smooth a transition as possible. We recognize the road to divorce may be imperfect, but the ultimate goal is to get you someplace better -- sooner rather than later.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

The divorce from hell, the battle for alimony and emptied pockets, April 3, 2013, By Leonora LaPeter Anton, Tampa Bay Times

More Blog Entries:

Advantages of Being First to File for Divorce, April 2, 2013, Birmingham Alimony Lawyer Blog

Advantages of Being First to File for Divorce

Steve Eversole — Tue, 02 Apr 2013 11:18:56 -0600

Our Birmingham divorce lawyers don't like to think of the separation of a marriage as a

race to the finish line.

We want to make sure that you've been given a chance to thoroughly consider all your options, weigh all the risks and proceed only at a pace with which you feel comfortable.

That said, there are certain advantages to being the early bird, so to speak.

Namely, if you are the first person to file for the divorce, you may be equipped with certain legal and financial advantages over your soon-to-be-ex and his or her legal team.

The main advantage that being first gives you is the opportunity to prepare.

For starters, if you want to ensure the best possible outcome, you're going to need to acquire the best possible legal team. That's going to require some research, some time and some extra money. Being the first means you have had the opportunity to set aside some savings for this purpose, do the research and make the contacts.

You will also have had the opportunity to secure all relevant legal and financial documents. This can be rather time-consuming. More than just tax returns and bank statements, you will need to track down wills and trusts, retirement account statements, real estate records, insurance policies, vehicle registrations and more. Tracking down all this stuff takes time, and it can be especially tough if you have a spouse who is somewhat secretive about finances.

This is also a good time to put yourself on better financial footing so the transition won't be so difficult. Get a credit card and your name now, as it could be tougher later on.

And also, if you have a chance to collect all relevant information and file first, it may limit your spouse's ability to hide assets later in the process. You might think this is something your spouse would never do, even if you were at each others' throats - but it happens more than you might think.

From a legal standpoint, those who file first have the luxury of basically choosing where they want the case to be heard, as divorces cases are generally decided in the jurisdiction where they are filed. Of course, all courts are supposed to be fair across the board. However, in doing your research and consulting with your lawyer, you might find there could be elements working in your favor depending on the jurisdiction where you file.

It could be especially advantageous in terms of things like temporary custody and/or use of certain community property while the proceedings are pending. That's because the petitioner (the first to file) is typically the party responsible for scheduling hearings to resolve these matters, while the respondent might be given as little as a few days notice on when to be in court.

It may not turn out in your particular case that filing first has no real advantage at all, but for the most part, it's not going to hurt.

What we don't want to see is clients who are blindsided by the news of a divorce, which then leaves them scrambling to pick up the pieces and prepare as best they can. If this is the alternative, it's always better to be ahead of the curve.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

What are the financial and legal advantages of being first to file for divorce? March 26, 2013, By Jeff Landers, Forbes Magazine

More Blog Entries:

Post-50 Divorce in Birmingham Doesn't Have to Mean Retirement Hold, Feb. 25, 2013, Birmingham Divorce Lawyer Blog

When Alabama Was the Quickie-Divorce Capitol

Steve Eversole — Tue, 26 Mar 2013 10:26:32 -0600

Alabama was once king of the quickie-divorce.

It seems a bit odd now, but for decades, celebrities and common folk alike flocked to the Heart of Dixie, which had a reputation as a "divorce mill" where a couple could un-couple in as little as a day.

Between 1945 and 1970, Alabama was churning out more divorces than Nevada. Among the prominent people who sought out the service here were Estelle B. Barb and cartoonist Charles Addams, the muse and creator of the Addams Family series. There was also John Daly, host of television show, "Whose Line is it Anyway?" and Aristotle Onassis.

A reporter for AL.com recently penned the history of how Alabama came to earn that reputation, and how it was eventually lost.

Our Birmingham divorce lawyers know that while you are probably going to have to wait longer than a day to close that chapter, there are ways we can work efficiently to help you expedite the process. We understand that even if you aren't thrilled with the end of your marriage (few people are), you are probably eager to move on.

Things tend to go much more smoothly if you weren't married long, don't have any children together, have few shared assets and you are both in agreement on parting ways.

Once you start to factor in some of these other elements, things get a little more complicated and they do take time in order to ensure they are done right. That doesn't mean it needs to drag on for years and years. Meeting with a divorce lawyer while you're still just contemplating whether this is something you want to do can help you weigh all your options, figure out what paperwork you're going to need to gather and what steps you will need to take to put yourself in the best possible position for when you actually do file.

Generally, most divorces will take about six months from the time you file, assuming a minimal amount of disagreements.

Back in the mid-20th Century, however, you might even be able to secure a divorce in Alabama within a matter of hours.

However, the process was rife with fraud.

Prior to 1945, married couples in Alabama had to have lived in the state for a full year, establishing residency, before they could file for divorce. But then the law was abolished. Many took full advantage of this sudden opportunity.

Attorneys throughout the state were going before judges and perjuring themselves by claiming their clients were residents of Alabama, when in fact they had arrived by plane just a few hours prior.

In 1960, while Nevada had granted about 9,275 divorces, Alabama had granted more than 17,000. Two years later, TIME magazine published an article called "Alabamy Unbound" about this very phenomenon.

Efforts to get the residency requirement reinstated failed, but soon after that article was published, the state's Bar Commission issued a directive prohibiting lawyers from participating in "quickie divorces."

The practice was halted entirely with the indictment of more than half a dozen officials who were reportedly caught perjuring themselves in these cases.

We are dedicated to doing it right, but we also work with experience and efficiency that ensures your case is processed in a timely manner - so you can start the next phase of your life.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

When Alabama flourished as a divorce mill, famous people flocked here to get unhitched, March 14, 2013, By Kelly Kazek, AL.com

More Blog Entries:

Can You Divorce Your Birmingham Divorce Lawyer, March 3, 2013, Birmingham Divorce Lawyer Blog

Alabama Child Custody Case Decided By U.S. Supreme Court

Steve Eversole — Wed, 20 Mar 2013 09:44:49 -0600

It's extremely rare that a child custody case makes it before the U.S. Supreme Court.

That the closely-watched case stems from a custody dispute involving a father from Alabama drew our Birmingham child custody lawyers' attention.

This was a messy custody case, waged across an ocean, where the Scottish mother had left with the couple's 5-year-old daughter.

Essentially, the court found that even when a child is sent back to another country according to the rules of the Hague Convention on the Civil Aspects of International Child Abduction, the federal courts in America may still hold jurisdiction.

Ultimately, it's a technical issue, but it gives hope to parents who are battling for custody rights overseas.

Here's what happened:

The father is an American U.S. Army sergeant. During his employment to to the Middle East, the mother and daughter lived in Scotland. When he returned, mother and daughter moved to Alabama to be with him.

However, the relationship between the mother and father soon soured. When the mother sought permission to permanently return back to Scotland with her daughter, she did so after obtaining a federal district court order, based on the Hague Convention rules, for which she had to argue that the child's habitual residence was in fact in Scotland.

Immediately thereafter, the father filed for a stay so that he could appeal. That would have prevented the mother from moving until he could have filed a formal appeal. That motion was denied, and the mother was on a plane within hours.

So now the father is fighting for custody in Scotland.

However, the question that lingered was the basis upon which the federal court had denied his request for a stay. The court found it had no jurisdiction because the child was going to be in Scotland, so the point was moot.

But in fact, the U.S. Supreme Court found that the case wasn't moot. A point is only legally moot when the issues are no longer present or the parties no longer have an interest in the outcome. If a case is declared moot, federal courts can't act on it.

The Supreme Court found that the dispute was still very much alive in this case, as the father was continuing to argue that the girl's country of habitual residence is the U.S. Therefore, the federal court did maintain jurisdiction.

The mother had tried to argue that there was effective relief because the Scottish courts would simply ignore the American order to send the girl back. However, the U.S. court found that uncertainty of an outcome is not basis enough on which to render a case moot.

(In addition to getting his daughter back, the father is also fighting for absolution of $94,000 in legal fees he's been ordered to pay the girl's mother.)

The court underscored in its opinion that when children are wrongfully removed or held in another country, they need to be promptly returned. The justices also stressed that it is not in children's best interests to be pawns in a global tug-of-war custody dispute.

Avoiding this, the court said, could be a matter of expediting processes when possible and granting stays when it's legally appropriate.

If you are preparing for a child custody case in Birmimgham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

American Father Wins Supreme Court Case in Custody Dispute, March 5, 2013, By Margaret Ryznar, The Huffington Post

JEFFREY LEE CHAFIN, PETITIONER v. LYNNE HALES CHAFIN, Argued Dec. 5, 2012, Decided Feb. 19, 2013, U.S. Supreme Court

More Blog Entries:

Birmingham Child Custody Cases Affected by Facebook, Other Social Media, March 13, 2013, Birmingham Child Custody Lawyer Blog

Birmingham Child Support Cases Affected By Facebook, Other Social Media

Steve Eversole — Wed, 13 Mar 2013 08:08:54 -0600

How much is a picture worth?

For a father in Wisconsin facing felony charges for failure to pay child support, a series of photographs on his Facebook page could end up costing him tens thousands of dollars - possibly even his freedom.

Our Birmingham child support attorneys know that here in Alabama, more than 50 percent of non-custodial parents are behind on their child support, at least to some degree.

As of the close of 2011, some $23 million had been collected that year by the state's Department of Human Services for child support just in Mobile alone (where there are over 20,000 cases). However, the majority of children there weren't receiving the full payments the court had ordered their parent to pay.

According to 2009 U.S. Census data, just 41 percent of parents receive the full amount of child support owed.

So there is no question that custodial parents, as well as attorneys and court officials are seeking all potential avenues to help collect. Increasingly, Facebook and other social media platforms are being tapped either as a way to help locate the individual or as evidence that the person may have access to more money than what he or she is letting on to the court.

Surprisingly, many people still assume that what they post to their personal Facebook profile is private. This despite the fact that they may have hundreds of friends and that their content may be easily viewable by friends of friends as well.

As a general rule, we advise clients never to post anything to your social media page that you wouldn't want to be seen or read out loud in an open courtroom or splashed across the front page of a newspaper. The fact is, these days, everything has that potential.

The man at the center of this Wisconsin case didn't do that. Although he is tens of thousands of dollars behind on support payments for his young daughter, photographs displayed prominently on his Facebook page show him posing with wads of hundred dollar bills. Captions seem to indicate that the father is supremely wealthy.

But facing court, the father contends that "it could be anybody's cash, just to play around or something."

Other photos appear to show him posing in front of Buckingham Palace in London. The father contends the photographs were photoshopped with a phone application. He said there is no way he could afford a European vacation, as he doesn't even have a full-time job.

He could very well be telling the truth, though it remains to be seen whether the judge will buy it. Regardless, it doesn't look good and it's certainly not likely to win him any favor or breaks with the judge.

Custodial parents who are battling the non-paying parent might be wise to at least check out their former partner's social media pages, just to see whether there is anything that might help their case. However, refrain from making any comments either on the page or to others about what you find. You don't want to risk it being removed before it can be properly documented and presented to your attorney.

Alabama Code Article 9 is the Alabama Child Support Reform Act of 1997. Information contained there spells out provisions for wage garnishment, liens, driver's license revocations and other penalties for failure to pay child support.

If you are struggling with a child support issue in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Facebook page at center of child-support case, Dec. 10, 2012, Staff Report, WISN, Milwaukee

More Blog Entries:

Birmingham Child Custody Cases Can Be Contentious, We Can Help, Feb. 18, 2013, Birmingham Child Support Attorney

Alabama HB 236 Addresses Birmingham Child Custody, Substance Abuse

Steve Eversole — Fri, 08 Mar 2013 07:39:31 -0600

A proposed state law intended to protect children from parents with serious substance abuse problems may actually have the unintended consequence of causing addicts to refrain from getting treatment.

Our Birmingham child custody lawyers know that addiction is a disease, and relapse is a common part of recovery.

Legislators who drafted Alabama HB 236 clearly have good intentions, but they may actually make the problem worse.

Introduced mid-February by Rep. Wes Long, R-Guntersville and two other Republican lawmakers, the bill would make it so that a parent would lose custody of his child if he had received alcohol or drug abuse treatment two times or more over the course of five years and then relapsed. Essentially, it is a three-strikes proposal for parents who are battling addiction.

The measure would be an amendment to existing state law, Sections 12-15-201 and 12-15-319, Code of Alabama, which addresses termination of parental rights. As it stands, there are about a dozen circumstances under which parental rights in Alabama could be terminated. Those are:

Abandonment;
Emotional or mental illness, mental deficiency or "excessive use of alcohol or controlled substances, of a duration or nature as to render the parent unable to care for needs of child";
Abuse or maltreatment;
Conviction of and imprisonment for any felony crime;
Commission of a parent in committing or aiding murder or felonious assault of another child;
Neglect;
Involuntary termination of parental rights of a sibling;
Failure to pay child support;
Failure to maintain regular contact with the child;
Lack of effort by parents to adjust his or circumstances to meet the needs of the child.

First of all, you can see that a number of these guidelines are quite broad. There is a reason for that, which is to give the judge and others involved a fair amount of discretion in these cases, with the recognition that family matters are rarely black-and-white.

Secondly, the issue of severe substance abuse is already addressed. House Bill 236 would be an addition, creating an arbitrary measurement of parental capability.

Under the bill, treatment would not only include actual admittance to a rehabilitation program. It would also include attendance at Alcoholics Anonymous meetings, as well as those organized by church support groups. This is especially troubling because one of the guiding principals of AA is the premise that attendance is anonymous. If suddenly it could be used against a person in family court, there is an incentive NOT to get help.

How does that heal families and make lives better for children?

Some have suggested editing the measure to only include abuse of controlled substances, not alcohol. But who is to say that marijuana abuse is more disturbing to a family than alcoholism?

Others have questioned whether the state even has enough resources within the foster care system to take on what would inevitably be a glut of children removed from their homes with the passage of this bill.

The bill's sponsors have said it would be "an option, not a mandate." Still, it's a scary prospect for parents who have ever struggled in this regard.

Even doctors and therapists who work directly with those who are substance abusers say the focus should not be on child custody, but rather investing in more treatment options in the hopes of finding an approach that will finally work for each individual.

If you are dealing with child custody issues in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

If twice treated for addiction, relapse could cost parents custody, Feb. 27, 2013, By Challen Stephens, AL.com

More Blog Entries:

Can You Divorce Your Birmingham Divorce Lawyer? March 3, 2013, Birmingham Divorce Lawyer Blog

Can You Divorce Your Birmingham Divorce Lawyer?

Steve Eversole — Sun, 03 Mar 2013 05:50:00 -0600

Your divorce lawyer isn't calling you back. She sends you excessive bills, seems uncaring and/or condescending about your case. When you get to court, she frankly seems a little lost when it comes to procedural issues.

Can you divorce your divorce lawyer?

Yes, especially if you are not satisfied with the quality or level of attention your case is getting. Our Birmingham divorce lawyers are committed to positive outcomes for each and every one of our clients, and we firmly believe in the importance of keeping you informed and involved in the process.

When clients come to us mid-case, we know it's often because they have been disappointed by another attorney and are probably feeling somewhat dejected about the entire experience. While divorce is rarely without at least some emotional upheaval, we want to work on making the process as painless as possible. We want you to look back on all of it years from now with the sense that everything that transpired may not have been pleasant, but it got you to where you needed to be in the best possible shape.

Part of getting to that point is ensuring that the attorney you are working with is attentive to your needs and concerns.

In fairness, we do need to point out that there are some things your attorney may not be able to control. For example, if she loses a hearing, understand that nobody can win every case. It's another thing, though, if she was unprepared for the hearing. Lack of preparedness is unacceptable. The same thing goes for tardiness. Being late to one hearing, while not exactly professional, isn't necessarily a deal breaker. More than once, however, shows a lack of respect for you, your case and the court. Similarly, we understand that it can be extremely frustrating if you have a pressing question and your lawyer is on vacation or tied up in other meetings. She's human. But if she never seems to be available for any reason, you have a right to be concerned and you are within your rights to seek new counsel.

You may also question your professional relationship with the attorney if he or she seems to emotionally invested in your case (this is not about her ego) or if he or she seems to be handling too much at once.

If you do make the decision to switch lawyers mid-case, you'll need to inquire about getting your case files transferred from your first lawyer to your second. You'll also need to resolve any outstanding legal fees (or over-payments) with the first attorney.

With your new attorney, you'll need to fill him or her in on the following:

The name of the judge;
Any information regarding the discovery - what has been done and what is yet to be done;
Whether there are certain filing or discovery deadlines of which you're aware;
A basic overview of both you and your spouse's personality;
Whether any settlement offers have been made or discussed;
A basic idea of what you are looking for in your case and why it's yet to be closed;
Any unique or special concerns.

Your case deserves professionalism, you deserve results.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Changing divorce lawyers — is that allowed?

Changing divorce lawyers - is that allowed? Feb. 27, 2013, By Robin Roshkind, Esquire

More Blog Entries:

Advance divorce planning can help avoid insurance woes, Dec. 20, 2013, Alabama Divorce Lawyer Blog

Post-50 Divorce in Birmingham Doesn't Have to Mean Retirement Hold

Steve Eversole — Mon, 25 Feb 2013 04:55:13 -0600

Our Birmingham divorce lawyers know there has been a lot of attention recently given to the phenomenon of the baby boom generation divorcing in their 50s, 60s and beyond.

A recent story in USA Today went so far as to say that divorce would stymie retirement for many folks.

We know there are many reasons why the divorce rates are skewing toward older couples, but it doesn't need to derail your retirement. It may look slightly different, but with the proper planning, solid financial advice and a good attorney fighting for your fair share, you shouldn't have any significant delays.

A new study by the National Center for Family and Marriage Research at Bowling Green State University in Ohio found that the divorce rate for people over the age of 50 more than doubled from 1990 to 2010.

Again, we know that the baby boom generation is a large one, but these results actually were somewhat of a surprise to researchers because divorce among younger couples had tapered off fairly significantly. But older folks today know they are going to live a longer life. They may be 60, but they aren't willing to spend the next 30 years of their life with someone who doesn't make them happy. They want to get on with the rest of their lives, and the negative society stigma that might have prevented them in years past is gone too.

In 1990, one-tenth of all divorces involved people over the age of 50. Now, it's one-fourth.

Another major factor is the fact that women with careers are less likely to stay in a marriage for financial security. They may recognize that there will be some financial challenges, but she isn't willing to stay locked in a marriage that she doesn't want or need when she knows she can support herself. For a long time, that wasn't an option for women, and so now we're beginning to see this shift.

Those who are actually retired have the lowest rates of divorce.

Of course, we understand that those who are divorcing in their 50s and beyond are going to have different concerns than those who are divorcing in their 20s, 30s and 40s. One of our top priorities is making sure your health insurance is going to be covered, which might mean COBRA or some other temporary solution unless or until you apply for Medicare. If you have few job skills and relied on your spouse for income, one of our top priorities will be securing alimony for you.

In some cases, careful consideration needs to be given with regard to division of assets, particularly if the majority of your estate is in your home equity and your mortgage (like those of so many people these days) is underwater. We may consider having you first sort through some of that with a financial adviser and perhaps work on getting a loan modification or principle reduction before filing, so that we can improve the state of your overall assets.

And that brings up another point: Speaking with a financial adviser during the process just as a general safeguard is not a bad idea. Just make sure to inform your divorce attorney; we may even be able to work side-by-side with the planner to ensure that your savings and retirement are protected through this process.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Boomer divorce: A costly retirement roadblock, Feb. 26, 2013, By Rodney Brooks, USA Today

More Blog Entries:

Alabama Divorces Surge in January, Dec. 31, 2013, Birmingham Divorce Lawyer Blog

Birmingham Child Custody Cases Can Be Contentious - We Can Help

Steve Eversole — Mon, 18 Feb 2013 07:43:16 -0600

Child custody cases, perhaps more than just about any other type of civil court proceeding, have the propensity to get very nasty very quickly.

A recent tragedy out of Delaware drove this point home, where a suspected gunman who had been embroiled in years of child custody battles fatally shot his estranged wife and another women before he too was killed.

Our Birmingham divorce attorneys well understand the heightened emotions and even primal protection instincts involved in many of these cases - and we will fight aggressively for you and your child.

At the same time, we understand the importance of maintaining a civil discourse. The Delaware case is an extreme example of what can happen when that discourse dissolves. We do understand that the legal system heaps its own complications and frustrations on already-strained communications. When you reach a point that it becomes too difficult for you to communicate with your ex on matters pertaining to custody of your child, we can act as a go-between to help find solutions.

In cases where abuse or neglect has clearly been an issue, we work to ensure your children are safe by providing the judge with a detailed history and documented facts that will allow him or her to make an educated decision as to your child's well-being.

It's important to understand how a judge reaches his or her conclusion. The types of factors the judge will look at in determining child custody details are:

The bond between each parent and child;
Whether the child has lived with one parent more often than the other;
The mental and physical health of each parent;
The ability of each parent to provide a loving and stable home life;
The extent of involvement each parent has had in the child's education, social and extracurricular activities.

Older children may also be asked to personally weigh in about where they want to stay. Although this won't be the determinant factor, a judge will often consider it carefully.

Some things you may want to keep in mind that will not only help us reach a better outcome, but also make this difficult process easier for you and your children, are:

Avoid communicating any negativity about your ex or your ex's new spouse to your child. Not only is this confusing for the child, it may hurt your case if the judge finds that such messages are harming your child emotionally.
When it's possible or appropriate, try to keep your ex in the loop about your child, and keep track of those instances. Involving him or her in things like school events may be tough for you, but if you can do so without it causing a scene, it may show your willingness to work across the aisle - which will show the judge you aren't trying to be vindictive or cut your ex off completely.
Try to stay calm, even when your spouse flies off the handle about something insignificant. Not only are you setting an example for your child, but diffusing a situation - even at the cost of your own pride - is a powerful illustration of someone with the kind of level-headedness that makes for good parenting. Just make sure to document it, and if the situation becomes violent, report it immediately to police - and your attorney.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

State Police say 3 dead in shooting in lobby of Del. courthouse; shooter among dead, Feb. 11, 2013, Associated Press

More Blog Entries:

Birmingham Divorce Preparation Requires Financial Planning, Feb. 13, 2013, Birmingham Divorce Lawyer Blog

Birmingham Divorce Preparation Requires Financial Planning

Steve Eversole — Wed, 13 Feb 2013 13:31:44 -0600

As you weigh the decision of whether or not to move forward with a divorce, one of your considerations needs to be whether you are financially prepared to do so.

Our Birmingham divorce lawyers know that in some cases (primarily those involving abuse) this will be a secondary concern. However in most other cases, holding off on filing or telling your soon-to-be-ex doesn't mean you aren't going to go through with starting a new life. It just means you are working to smartly plan your exit strategy.

What you shouldn't hold off on is meeting with your attorney. He or she can help you decide what sorts of things you need to have in order, and which you would be fine to put on the back burner.

It doesn't hurt to meet with a financial adviser around the same time you are consulting with your divorce attorney. In some cases, you may need to try to do this without your spouse knowing about it -- simply getting yourself up to speed on your personal and joint finances will help you to know exactly how best to proceed.

If you don't already know what your assets are, it can be difficult for you to help your attorney ascertain what you and your children may be entitled to in the divorce settlement. So to start with, gather up whatever information you can find on your bank accounts, credit card statements or other accounts that you hold jointly with your spouse.

You'll also want to get copies of your joint tax returns, as well as the monthly bills. Again, not only is this going to help you in figuring out what you are entitled to, but it will give you a better sense of what your new financial reality will look like - and how you should prepare.

In almost every case, that's going to mean working to set aside an emergency fund. Having a few thousand dollars saved up can help put you in a position to start life anew.

All of this is often compounded by the fact that once you actually file for the separation and get the ball rolling on everything, your financial concerns take a backseat to the emotional turmoil. This can result in some unwise money choices and even a certain amount of "feel-good" spending.

That's not what we want to see. In the long-run, a divorce is supposed to help you reach a healthier place in life and cut ties to people and lifestyle habits that are bringing you down. If your finances are in a rut, this can be a tougher goal to reach.

Proper planning ahead of time can be instrumental in reducing that possibility.

If you are contemplating a divorce in Birmingham, contact Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Before divorce, you should get financially prepared, Sept. 12, 2012, By Hadley Malcolm, USA Today

More Blog Entries:

Alabama Divorces Surge in January, Dec. 31, 2013, Birmingham Divorce Lawyer Blog

Alabama Divorces Surge in January

Steve Eversole — Mon, 31 Dec 2012 10:10:19 -0600

When the glow of the holidays begins to fade, so too does the illusion that this season of togetherness will heal a broken union that's turned as frosty as the air outside.

Our Birmingham divorce lawyers know that inevitably, each January, the number of divorce workshops, financial planning sessions and filings increase.

Gone is pressure to create the illusion of having a "perfect" family. Making matters worse, if you have a strong feeling that things aren't going to work out into the next year, you may end up making some poor financial choices out of guilt. You may overcompensate on your children's presents. You may splurge on a family vacation, hoping to give things one last shot.

In reality, you should be carefully counting your pennies and meeting with a divorce attorney in order to prepare for the possibility. Even if you don't end up filing, there is no harm in putting yourself in a stable financial situation should you decide to walk. This may be especially important if you historically have not been the one involved in finances.

Plus, establishing budget guidelines now may also help you to curb spending after the divorce - which tends to be a big problem for people. There is an intense desire to want to look and feel better in the wake of such a life-shaking event.

However, most people are in shock when they suddenly go from two incomes to one. When you pile up on other debts during the holidays, when it comes time to separate, you may find yourself struggling to pay the electric bill.

If during this holiday season you are taking stock of your marriage and weighing whether you are going to leave, consider taking these steps first:

Start paying attention to the money. That is, know how many bank accounts you have individually and jointly and get an accurate picture of what the assets are. You are also going to want to take a look at tax returns, monthly bills, and pay stubs. In order to best prepare, you have to know what you're dealing with. Make a detailed list of all assets, debts and monthly income prior to meeting with your lawyer.
Begin setting aside some emergency cash. A good amount is generally about $2,000. You can use this to help pay for initial attorney fees and whatever unexpected expenses may arise as a result of the separation.
Start establishing your own credit history. This is especially important if almost every bill and asset you have is in your spouse's name. When you find yourself on your own, you're going to need to be able to have some form of credit to be able to get a credit card, a car and at some point a mortgage. You can start by either opening up a new credit card or by adding your name to all the household investments and accounts. (But consult with your attorney before you do this, because if your spouse's credit is bad, you may not want your name tied to these accounts.)
In addition to contacting an attorney, visit with a financial adviser too. This will help you get a better handle on your priorities and any special requests you wish to make during the divorce settlement.

Call us today to see how we can help you initiate the process.

If you are contemplating a divorce in Birmingham, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

Divorce Picks Up After the Holidays, Dec. 11, 2012, By Bob Hansen, NBC Bay Area

More Blog Entries:

Affording an Alabama Divorce, Nov. 30, 2012, Birmingham Divorce Lawyer Blog

'D' is For Divorce - Sesame Street Takes on the Issue

Steve Eversole — Wed, 26 Dec 2012 10:46:23 -0600

Twenty years ago, beloved children's program 'Sesame Street' was preparing to launch a somewhat controversial segment in which character Snuffy's parents were getting a divorce.

Birmingham divorce lawyers understand that back in 1992, a census report had indicated that almost 40 percent of children would soon live in divorced homes. It was carefully written, scripted, shot and revised. However, when it was screened by preschoolers weeks before it was to air nationally, it proved disastrous, leaving many children confused, crying and worried their own parents would split.

The episode was scrapped.

Now, two decades later, the show is trying again. This time with an upbeat puppet fairy whose parents, we learn, live in two different homes - but love her just the same.

The fact is, more than half of all marriages end in divorce. That's more than 1 million marriages across the country each year. Among divorces in which children are involved, and statistics show the splits often occur when children are in preschool.

One of the top concerns for parents who are separating is how the children will fare. The good news is that children of divorce not only survive it - they often thrive in environments where they receive ample support and both parents are happier - or at least more stable - in their separate lives.

Part of making that a reality is having an experienced and sensitive divorce and child custody lawyer to help guide you through the process, while helping to make decisions and fight for concessions that will be of most benefit to you and your children. These include not only the protection of certain assets, insurance benefits and support payments, but also custody and visitation schedules.

The newest Sesame Street episode was carefully planned with the help of many outside professional consultants, and feedback so far appears to be a success. We understand that parents often struggle with how to help their kids through the process because often they too are having a hard time coping. And you don't have an army of child psychologists walking you through the process.

To help your children adapt to the new reality, consider the following tips:

Be honest with your kids. Of course, these explanations should be age appropriate, but children do need to understand that the divorce is not an issue that is up for discussion - and certainly you need to drive home the fact that none of this is their fault.
While you can't protect your child from all of the hurt, you can keep them protected from your own anger and resentment toward your ex. Don't make them a confidant regarding your arguments or finances.
Welcome questions. It can be tough at first because the emotions may still be raw for you, but it's important that children don't bury their feelings.
Let your child in on the plan. Be upfront about things that will affect them before they happen. This includes custody arrangements, visitation schedules, moves or activities. Children will be able to better adjust if they have some time to process it all.
Try to set consistent rules with your ex. This will help make the entire transition easier for everyone.
Consider setting up counseling sessions for your child to allow a safe space to open up, without worry of alienation.

If you are contemplating a divorce in Birmingham or need help with child custody issues, contact Birmingham Family Law Attorney Steven Eversole at (866) 831-5292.

Additional Resources:

'Sesame Street' tackles the big 'D,' Divorce, Dec. 12, 2012, By Stephanie Hanes, The Christian Science Monitor

More Blog Entries:

Arrange Birmingham Child Visitation Before the Holidays, Nov. 20, 2012, Birmingham Child Custody Lawyer Blog