Alabama Divorce & Family Law Attorney Blog

Birmingham Divorce Attorneys: Long Engagements More the Norm

Steve Eversole — Thu, 10 May 2012 09:19:09 -0600

When it comes to a Birmingham divorce, couples aren't foolish. They know when they tie the knot, there is sadly a 50-50 chance the union will end in divorce court.

What Birmingham divorce attorneys have seen is that this knowledge has given rise to an increasingly common trend: the long engagement.

CNN recently chronicled this phenomenon, indicating that the trends have shifted tremendously over the last 40 years. Where it used to be the man would pop the question in the fall and the lovebirds would be wedded by spring, now we rarely bat an eye if a couple's engagement period extends past the three, four or even five-year mark.

Helen Fisher, a Rutgers University biological anthropologist, said that whereas couples used to see engagement merely as a brief layover on the flight to married-town, it's now often considered it's own important time period in and of itself. In a sense, it signifies a time in a relationship that is much more serious and committed - but not quite to the level of marriage. For this newest generation, many of whom grew up in broken homes, it's a way to avoid reliving the mistakes of the past.

According to the WeddingChannel.com and TheKnot, the average American engagement lasts about 14 months. What's more, 7 percent of couples said their engagement had stretched past the two-year mark. And some even see engagement as a permanent state.

The U.S. Census in 2010 figured that unmarried partners accounted for more than 7.5 million households - an increase of more than 40 percent just in the last decade.

For some couples, however, the issue is simply a matter of saving up for a dream wedding. These days, many more couples are paying for their own ceremonies. Other times, the delay can be attributed to recent big life events, like a move to a new city or starting a new job.

But just because you aren't married doesn't mean that you won't need the services of a Birmingham divorce attorney if you split. Alabama is one of the few states that recognizes common-law marriages. These unions can be every bit as tangled and messy when they end.

Contrary to popular opinion, a common-law marriage doesn't mean you've just lived together for a while. It means that even if you never actually got a marriage certificate or had a wedding, you can be considered "legally" married if you have presented yourself to the community as a married couple. This means that you maybe call one another husband and wife or you use the same last name or you maybe file your tax returns jointly or own a home together.

If you are unsure whether your nearing-the-end relationship would qualify as a common-law marriage, contact a Birmingham divorce attorney for more information.

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

Additional Resources:

Standing engagement - are committed couples waiting longer to tie the knot? By Stephanie Goldberg, CNN

More Blog Entries:

Marriage and Divorce Rates Higher in Alabama, South Than Northeast, Census Says, Aug. 30, 2011, Birmingham Divorce Lawyer Blog

Alabama Divorce, Marriage Can Cause Weight Gain, Study Shows

Steve Eversole — Thu, 01 Sep 2011 10:52:33 -0600

Few people consider the possible changes in health when they marry or when they get divorced. But a new study by Ohio State researchers found that women are more likely to gain weight after marriage while men put on a few extra pounds when they get divorced.

While neither of these things will likely influence whether a couple gets married or divorced, many other factors do. Infidelity, financial stress, problems with the children and domestic violence are all factors that can lead to a divorce in Birmingham. Whatever the reason for a divorce, an experienced Birmingham Divorce Lawyer will analyze the situation and seek the best outcome.

An article on WebMD says that the study found that the weight gain following major life events is less likely to happen to young people. But the research shows that it could cause later-in-life health risks once people settle into diet and lifestyle habits.

The research was based on a group of 10,071 people who were surveyed between 1979 and 2008. The people were between 14 and 22 when the survey began and the analysis was from data between 1986 and 2008.

Both marriage and divorce were considered "weight shocks," or events that increased weight gains of between 7 and 20 pounds on average. For those who gained more than 20 pounds after either event, they are more at risk of heart disease or death, the study found.

Researchers determined that because more women have a larger role in household duties after marriage, they have less time to exercise. Likewise, when the couple is divorced and lives on their own, the men must handle household duties on their own and suffer from less exercise.

Divorce has many effects and, according to the study, weight gain is among them. But there are other effects, such as psychological issues, poor self-esteem, stress, anxiety, financial problems and others that a divorce can cause.

But the problems can be minimized depending on how the divorce is handled. A rocky and contentious divorce can do more damage to both spouses, the children and family members than an amicable split. In some cases, that's not an option, as each side has been bruised beyond repair. In other cases, with some hard work, the divorce can be more peaceful than expected.

An experienced Birmingham Divorce Lawyer can help lessen the impact by working to take care of the major issues in a divorce, such as child custody, possible alimony or child support payments, division of assets and division of debt, as well as working to avoid common post-divorce tax traps.

Financial considerations are among the chief issues that spouses must deal with, as a divorce can leave spouses in bad shape financially. That's why asset division, as well as debt division is so important. Arguing the value of the house and other large assets and negotiating with the other attorney on how to best split them in the favor of the client is also a key component to a divorce proceeding. It can mean the difference between a smooth break and one that leaves a person struggling for years to recover.

More Blog Entries:

Study Shows That Woman Who Lost Virginity Early More Likely to Divorce in Alabama: July 25, 2011

Men's Employment Status Affects Alabama Divorces, New Study Finds: June 30, 2011

Additional Resources:

Marriage and Divorce Trigger Weight Gain, by Jennifer Warner, WebMD Health News

Marriage and Divorce Rates Higher in Alabama, South Than Northeast, Census Says

Steve Eversole — Tue, 30 Aug 2011 09:24:57 -0600

A recent report by the U.S. Census Bureau indicates that where you live may influence your marriage and your willingness to divorce, USA Today reports.

Alabama was among seven states, along with Arkansas, Georgia, Kentucky, Mississippi, Oklahoma, Tennessee and Texas with the highest marriage rates and highest divorce rates in the country, the report states.

Divorce in Alabama, or anywhere else for that matter, can be a difficult process. And regardless of where you live, it can be made much easier by hiring an experienced Birmingham Divorce Lawyer. A good lawyer will take into consideration all factors, including your finances, as well as child care needs, property division, debt division, avoiding tax hits and other things that the average person may not think about in order to work toward the best possible outcome in a tough situation.

The study's main finding is that people in the South are more likely to marry earlier and have less education, both of which are factors that increase the likelihood of divorce. People in the Northeast, on average, have more education and marry later in life.

The report was the first of its kind since a 1991 report based on 1988 data. The numbers are based on 3 million households in the American Community Survey from 2009. Researchers said that because data was pulled during the height of the recession, the numbers may actually be higher. Some single people have postponed their marriages because of financial reasons and married people may have put off divorce because of the costs involved.

The survey also found that on a national level, people are getting married later and later in life. Census data showed that in 1890, the average age for first marriage was 26.1 for men and 22 for women. It's now 28.4 for men and 26.5 for women.

As the Alabama Divorce & Family Law Attorney Blog recently reported, growing older doesn't necessarily reduce the likelihood of a divorce in Alabama, either. A recent report found that conflict levels remain largely unchanged, which refutes the idea that people mellow out later in life and cause fewer arguments.

Whatever the reason for divorce and whenever the timing, handling a divorce by yourself can make things worse. Each spouse is likely already stressed about the frustration of a marriage falling apart. If children are involved, the process is even more complex.

Financial stresses can also play a factor. There will now be twice as many living expenses and bills, rent to pay and possibly a new car to purchase. That's on top of whichever spouse has to care for the children or pay child support or alimony.

But an experienced Birmingham Divorce Lawyer can take away a lot of that stress by being a buffer during court hearings and mediation sessions, if the case requires the intervention of the court system. Even in a cooperative divorce in Alabama, where spouses agree to major property division and children issues, a lawyer should be consulted to analyze the agreements and ensure that the agreements truly benefit the client.

More Blog Entries:

Is There Such a Thing as a Good Alabama Divorce?: August 25, 2011

Is This The Best Time to Get an Alabama Divorce? August 20, 2011

Additional Resources:

Marriage, divorce rates higher in the South, lower in Northeast, by Sharon Jayson, USA Today

Is There Such a Thing as a Good Alabama Divorce?

Steve Eversole — Thu, 25 Aug 2011 12:08:09 -0600

The Huffington Post recently published an article that poses the question: Can "good" and divorce" be in the same sentence.

Birmingham Divorce Attorneys believe they can be. Divorce in Alabama can be a stressful time in a person's life. Questions of financial security, how assets will be divided, where the kids will live and when will visitation be are all big questions for a couple getting divorced. But while hearts may be broken and frustration levels remain high, the situation can be made more tolerable with the help of an experienced Birmingham Divorce Lawyer.

In Alabama, collaborative divorce proceedings are a way for each side to minimize the cost of divorce, increase the amount of communication and work together in seeking the best possible outcome for each side. And while this is the least contentious form of divorce in Alabama, it still shouldn't be done by oneself. Despite agreeing on many facets of a break-up and divorce, an experienced attorney should be hired to oversee the process and review documents in order to help ensure that the situation is handled properly.

While most people consider the more obvious and big-picture questions in handling a divorce themselves, an attorney with years handling divorce cases in Birmingham and throughout Alabama will consider other things, such as how to avoid post-divorce taxes, how to divide not only assets, but also debts and how to calculate child support or alimony payments.

In the news article, the author poses 10 tips of how to have a good divorce:

If the marriage really over? Divorce should be a last resort, after counseling and other ways to save a marriage have been attempted. Counseling during a divorce can be beneficial.

Can you treat your soon-to-be ex with respect? At one point, you were in love. Keep that in mind.

Can you put the interests of the kids ahead of yours? Don't put your children in the middle of a fight.

Can you communicate? At one point, you were able to talk things through, but now you may have a tough time doing so because of hurt feelings and anger. The better the communication, the better the divorce.

Can you avoid court? Cooperative and collaborative divorce in Alabama allows each side to come to an agreement without a judge's intervention. The more court action, the less control the spouses have and it's more expensive.

Can you find a problem-solving attorney? The article suggest finding an attorney who can problem-solve and not turn a good divorce into a bitter one. Good advice.

Will you be mature? Despite feeling overwhelmed and not in control, try to be constructive and not destructive in discussions.

Can you be selfless and avoid greed? It may be tough, but it will help the process.

Can you create a game plan? Set realistic goals about your children and your financial issues.

Can you be honest and avoid mind games? Many spouses try playing games in order to hurt the other. Avoid it.

This is all good advice and hiring an experienced Birmingham Divorce Attorney is important to make many of these tips a reality. Being able to communicate on behalf of the client and avoiding conflicts is a core goal of an experienced lawyer representing a spouse going through the divorce process.

More Blog Entries:

Late-Life Birmingham Divorce Can Be a Headache: August 15, 2011

Tips to Protecting Your Finances in a Birmingham Divorce: August 2, 2011

Additional Resources:

Can You Have a Good Divorce?, by Henry Gornbein, The Huffington Post

Study: Growing Older Doesn't Reduce Birmingham Divorce

Steve Eversole — Mon, 22 Aug 2011 11:59:48 -0600

A recent study found that conflict levels remain largely unchanged in a marriage over time, debunking the notion that as people get older they mellow out in marriage, CBS News reports.

Whatever the age of the spouse, divorce in Birmingham can be a difficult if there is major conflict in the marriage. Constant arguments, bad feelings or other conflicts make life stressful; an experienced Alabama Divorce Attorney can help take some of the emotion out of the equation.

As the Alabama Divorce & Family Law Attorney Blog recently reported, later in life divorces can leave spouses with many problems to discuss that younger couples don't have to tackle. That includes splitting up assets that have been accrued over time, dealing with retirement plans, a family business and who gets the house, which might not be the asset it once was.

But, at the same time, younger couples have their own problems. While they may not have the same financial concerns, they still have issues to overcome. They likely have less in savings, making the split even more critical to their future. There's a good chance they have children, so child custody in Birmingham is an issue that must be addressed. What the child's primary residential may also be a contentious issue.

A study documented 1,000 couples for 20 years. In 1980, the researchers questioned 2,033 married people 55 or younger about their relationship and the quality of their marriage. Each couple was interviewed up to five additional times through 2000.

The study found that while arguments don't grow less frequent over time, couples that share decision-making roles were happier and less-likely to file for divorce. The level of conflict in the marriage was determined based on "never," "rarely," "sometimes," "often" or "very often."

The study classified marriages as "avoider," "hostile," "validator" and "volatile." More than half -- 54 percent -- fell into the validator realm, meaning couples split decision-making power, were happier and less likely to divorce.

Avoider couples comprised 6 percent of the marriages, where they fell into traditional gender roles with the husband doing little housework and each believing a marriage should last a lifetime.

Volatile marriages made up nearly 20 percent of those surveyed and were marred by high conflict and yet high or moderate happiness levels. Hostile marriages were characterized with high conflict and low happiness levels and were the most likely to end in divorce.

A sharing of input in making major decisions was seen in the low-conflict marriages.

It's not shocking that the study found couples who have the most contentious marriages are more likely to divorce. That seems to be common knowledge. But we all know a couple that seems perfect and ends up going through a divorce. It can come on for a variety of reasons -- infidelity, financial stress, problems with the children or changes in personality that weren't seen in the courting stage.

Whatever the reason and whatever the time of life, divorce can be an emotional roller coaster. Trust an experienced Birmingham Divorce Attorney, who will work to ease the pain and frustration of the process.

More Blog Entries:

Late-Life Birmingham Divorce Can Be a Headache: August 15, 2011

Study Shows that Woman Who Lost Virginity Early More Likely to Divorce in Alabama: July 25, 2011

Additional Resources:

Study: Age doesn't mellow fighting spouses, by Remy Melina, CBS News

Is This The Best Time to Get an Alabama Divorce?

Steve Eversole — Sat, 20 Aug 2011 08:20:50 -0600

There rarely is a good time to get divorced. It is seldom a process that people yearn to participate in, but sometimes it is necessary.

With the local and national economies slow to recover, some couples may consider staying together for financial reasons rather than going forward with a Birmingham divorce. While that may be advantageous for a time, it can cause stress, regret and frustration that can build over time. Consulting with an experienced Birmingham Divorce Lawyer can help best determine your options.

Alabama's unemployment rate currently sits at 9.9 percent, according to the Alabama Department of Industrial Relations and it's an even higher 10.2 percent in Jefferson County. It's obvious that people are hurting and the government is making tough choices in having to lay off people to save money.

Being jobless may not seem like an ideal time to consider a divorce in Alabama. The prospects of going out on your own may seem terrifying, even if the stress of living at home has reached a fever pitch.

A recent article by Investopedia looks at five events that can affect the financial impact a divorce can have on each spouse:

An unstable real estate market: For renters, this isn't of much concern. But for those who own a house, a shaky real estate market can mean burning through equity in a house if you have to sell it.In a hot market, a quick sale can lead to a profit, though. The best solution may be if one spouse stays in the house while the other gets assets to make up for having to move out.

A shaky economy: In a shaky economy, having to find a place to rent, find a new job or purchase a new car can be even more difficult. Harder-to-obtain credit and scarce jobs are also a factor.

A damaged credit score: if you have a bad credit history, a divorce may only make it worse. A credit score will be needed to rent an apartment, interview and open a credit card in your name.

Having children under 18: With children involved, the whole process becomes much more difficult. Child custody in divorce on top of child support and other matters can be complex. A divorce near the time children go to college could be beneficial, though, since student aid plans require only the income of the custodial parent to determine eligibility for financial aid.

Receiving an inheritance: State laws vary in this area of splitting assets. In most cases, future assets can't be split among already divorced spouses.

These are all important issues that must be considered when planning a divorce in Alabama. Financially, a divorce can take quite a toll, on top of the emotional stress that typically goes along with the process.

Sometimes, mediation or a collaborative Birmingham divorce can be the most pain-free divorce options, but an attorney must be consulted in order to protect the spouse from undue hardships -- from improperly filed paperwork or terms of the agreement that may not be advantageous.

Other times, however, litigation is needed in a contested divorce. Aggressive representation may be an essential component of those types of cases. Having a clear strategy in order to remain financially stable after the divorce is the primary goal of these types of cases.

More Blog Entries:

Divorce Insurance May Be A New Trend in Alabama: August 5, 2011

Tips to Protecting Your Finances in a Birmingham Divorce: August 2, 2011

Additional Resources:

The best and worst times (financially) to get divorced, by Angie Mohr, Investopedia

Late-Life Birmingham Divorce Can Be a Headache

Steve Eversole — Mon, 15 Aug 2011 08:00:41 -0600

The Wall Street Journal recently reported that fewer first-time married couples are hitting their 25th, 30th and 35th anniversaries despite an increase in life expectancies.

The article cites the recent breakups of Arnold Schwarzenegger and Maria Shriver and Al and Tipper Gore, who were married for 25 and 40 years, respectively.

An Alabama divorce can be difficult regardless of the stage of life a person is in. Whether only married for a few years right out of high school or college or married for decades only to realize they no longer want to remain together, the process can be difficult. But a Birmingham Divorce Attorney, with years of experience in handling this area of law can cushion the blow of divorce through quality representation that can lead to a clean break and sometimes an amicable parting of ways.

The U.S. Census report about couples not making it to long-term anniversaries doesn't indicate the age of the couples, but some divorce attorneys and financial planners are seeing an increase in long-married couples calling it quits.

"As years go by and they get close to retirement age, where they have to be near one another more, one of them realizes they don't want to live the rest of their life in this manner," said Lynn Maier, a divorce attorney in White Plains, N.Y.

Long-married couples who have significant assets to divide can make for a complex divorce process. But it is important to ensure that the partners have enough money and assets to live on in their retirement years because they have little work time left to earn money.

While splitting bank accounts and insurance policies may be straightforward, there are some other assets that may be more difficult to break up, the article suggests.

The house: In the current housing market, regardless of where in the country the divorce is taking place, the house may not be much of an asset. Getting one side to take the house may be a victory for the other side.

The retirement plan: Pensions, 401(k) accounts and retirement accounts are typically titled in one spouse's name, but they are usually considered marital property if acquired during the marriage. It is important in an Alabama divorce to address the specific retirement plan in question, because it may have specific rules.

The family business: Years of hard work and planning may have gone into a joint venture, but now that the couple is splitting, they likely won't want to work together any more. This can be crippling for a business It may be most prudent to agree to a "post-nuptial" agreement that lays out what happens to the business in case of death or divorce.

This is all sound advice and hits on the point of how complex a divorce proceeding can be. Splitting assets can be as difficult sometimes as deciding where the children will live, if they are minors. Dealing with retirement plans, businesses, stock options, the house, the cars and other property requires the experience and skill of a Birmingham Divorce Lawyer.

More Blog Entries:

Tips to Protecting Your Finances in a Birmingham Divorce: August 2, 2011

Divorce Rate Down, But 7-Year "Itch" Still in Play in Alabama, elsewhere: May 23, 2011

Additional Resources:

The 'Splitting' Headaches of Late-Life Divorce, by Kelly Greene, The Wall Street Journal

Divorcee Asks for $46,000 a Month in Child Support

Steve Eversole — Wed, 10 Aug 2011 14:01:26 -0600

The Toronto Sun reports that former supermodel Linda Evangelista is demanding $46,000-a-month in child support from her former husband, mogul Francois-Henri Pinault.

It may be the largest amount of child support sought in the New York court, the magistrate judge on the case has said.

It's a staggering amount to request, but child support in Birmingham divorces is an essential part of divorce process. An aggressive Birmingham Divorce Lawyer will look at all aspects of the case and assess the best way to approach it, including whether to seek child support or alimony and how to defend against it.

According to the news report, Evangelista, 46, filed the request to take care of her 4-year-old son in Manhattan Family Court. The model claims Pinault hasn't contributed to the costs of taking care of the boy since he was born. The request would cover security costs for around-the-clock armed chauffeurs and a full-time nanny.

The French billionaire, who is now married to actress Salma Hayek, is fighting the request, questioning why she would need so much to care for the child. Evangelista, who the newspaper reports is worth $8 million, said she relies on staff to care for the child when she's on assignment. When asked by the judge how many hours she works per week, she said she can work up to 16 hours a day on assignment, but must go to beauty appointments, the gym and other image-savers on off-days.

Child support in Alabama divorces can be contentious because it deals with finances, which can be tight around the time of, and after, a divorce. Because money is always a sore subject in divorce cases, being forced to write a check each month can be tough to swallow.

In Alabama, the first issue of dealing with children of divorce is who gets custody. Child custody in Alabama divorce is typically determined by what the court determines is in the best interest of the minor child. There are several forms of custody -- temporary, legal, physical and joint. Temporary is ordered when the divorce is first filed, while legal custody defines where the child will remain once the final order is signed. Physical custody determines where the child lives and when visitation is granted. State policy encourages joint custody in all cases, but the court can deviate, depending on a list of factors.

Once custody is determined, a judge can decide how much the parent not living with the child must pay. This is calculated based on all relevant income and if unemployed, a court can still determine an amount based on potential earnings, education and employment history. A judge can factor in outside reasons as well.

This is where the debate skills of an experienced Birmingham Divorce Lawyer can come into play. Judges typically make these decisions based on documented proof, but also on the argument of a lawyer who can show how much of a hardship unreasonable amounts of child support may be or how the money must be awarded in order to care for the child.

More Blog Entries:

Kids of Birmingham Divorce May be Happier, New Study Shows: July 16, 2011

Financial Planning in a Marriage Can make a Birmingham Divorce Easier to Handle: July 1, 2011

Divorce Insurance May Be a New Trend in Alabama

Steve Eversole — Fri, 05 Aug 2011 13:15:53 -0600

A recent article in the Financial Times suggests that getting divorce insurance may become trendy after companies have begun offering insurance for prenuptial agreements and even the entire cost of a divorce.

It's unclear whether this sort of thing will pick up steam in the United States, but it's always possible. People typically marry because they feel like they are in love and believe a marriage will work. And they divorce for many reasons, stemming from disinterest to adultery. Divorce in Alabama can be an emotional and painful experience, but hiring a Birmingham Divorce Lawyer who can help guide clients through the system is invaluable.

According to the article, a German paper heiress recently had a prenuptial agreement upheld in England, where they rarely are observed. And because the ruling has made some wealthy individuals nervous, companies are jumping at the chance to cash in by creating policies that would cover pre-nup agreements as well as the full cost of a divorce.

While it may seem a bit unromantic to buy insurance for a prenuptial agreement or the cost of divorce, for people who have accumulated wealth independently or as a result of being an heir to a relative's fortune, these agreements can make the divorce process easier. The truth of the matter is that divorce is a great destroyer of wealth. Couples would do well to consider careful planning. We don't buy a car without a contract but we continue to enter into marriage with few safeguards.

For some, divorce is difficult, but each spouse understands that working together on a collaborative divorce in Alabama can be accomplished, thus making the process more smoothly. In this process, each side agrees on what should be split without court interference. However, some may think that an attorney isn't necessary in these cases. We are. Simply agreeing on certain aspects of a divorce may not be legally binding and can cause one side to get the short end of a stick in a divorce. An attorney should be hired to at least monitor the proceedings and review documents before they become final.

For others, an aggressive approach and divorce litigation in Alabama contested divorces may be required. If each side is unable to talk to each other, let alone agree on who should have custody of the kids, how assets should be split and who will pay off debt, this may be necessary.

Whatever the process, determining child custody and visitation issues is critical, as is determining the best way to avoid divorce taxes and establish a solid financial future.

Discussing your situation and allowing our Birmingham Divorce Lawyers to help you determine the best course of action should be the first step if you have decided to divorce. Allow us to help you as you move forward and begin you new life.

More Blog Entries:

Study Shows that Woman Who Lost Virginity Early More Likely to Divorce in Alabama: July 25, 2011

Friendly Divorces up in Alabama as Generation X Divorces Learn From Baby Boomer Divorces: July 19, 2011

Additional Resources:

Just married? Check your divorce cover, by Lucy Warwick-Ching, Financial Times

Tips to Protecting Your Finances in a Birmingham Divorce

Steve Eversole — Tue, 02 Aug 2011 20:27:19 -0600

Financial implications of a divorce are among the most important factors to consider. While where the children will live and who will have to pay how much in child support or alimony are important to consider, money issues can live on and cause problems in the future.

While divorce in Birmingham can be an emotional process, Birmingham Divorce Lawyers aim to take the emotion out of it, if possible. Keeping clients apprised of everything that is happening in the case and protecting clients from the problems arising out of bitter, contested divorces are important.

While child custody issues are often some of the most contentious issues that play out in divorces, how assets are divided, how the debts are split up and how to protect from divorce taxes that can have long-lasting negative effects may be equally important.

The Huffington Post recently provided some tips to avoid financial struggles after a divorce:

Do your homework: It's critical to assess how your divorce will impact both your short and long-term financial goals. Take time to account for any household items that you'll need to replace and evaluate how this will affect your immediate cash flow. Understand your total net worth (assets and liabilities), and other significant financial obligations including mortgage or rent payments, retirement plan contributions, child support and alimony payments. If you have young children, project future expenses including car insurance, tuition and other large purchases which often accompany the teenage years, as well as more immediate needs such as daycare.

Understand your assets: Not all assets are created equal. Instead of allowing emotions to drive your decisions, carefully evaluate the financial benefits and consequences of different assets before you negotiate your settlement. It's tempting to ask for the house, but your residence, while valuable, is an asset that requires mortgage payments and a considerable amount of upkeep. Instead, consider requesting a portion of your spouse's retirement plan - a tax-deferred and potentially appreciating asset.

Update your financial accounts: Immediately revise the beneficiaries on your checking and savings accounts, investments, retirement plans and life insurance policies and update your will. Update all property deeds and car titles - the names of former owners are not automatically removed following a divorce. You may also want to cancel credit cards or ensure your spouse is no longer an authorized user on your accounts. Also confirm that you have been removed as a co-owner on your former spouse's accounts so you aren't held liable if they fail to meet an obligation.

Review your insurance coverage: Your insurance needs may change once you're single. Evaluate your life, health, disability, auto and property insurance policies and confirm that you have adequate coverage for yourself and any dependants. Ask the court to require your former spouse to maintain life and disability insurance to protect any child support or alimony that is owed to you, in the event that they die prematurely or are no longer able to work.

Seek expert financial advice: Your attorney will play an essential role in your divorce proceedings, but don't assume your lawyer is a financial expert. Consider working with a financial advisor who can help you with all aspects of your financial life before and after your divorce is finalized. This may include determining fair separation of assets, evaluating cash flow and liabilities, recommending budgets, examining your protection needs and identifying favorable tax strategies.

Additional Resources:

Facing a divorce? Protect your finances, by Suzanna de Baca, The Huffington Post

Alabama Divorces May Be Delayed Because of Court Budget Cuts

Steve Eversole — Fri, 29 Jul 2011 16:01:59 -0600

People who use district and circuit courts for divorces may see a longer wait because of cuts to the state's court system's budget, the Athens News-Courier reports.

Alabama Supreme Court Justice Sue Bell Cobb recently ordered circuit court clerks across the state to close their doors to the public for 10 hours a week beginning Aug. 1, according to The Associated Press.

Birmingham Divorce Lawyers are frustrated to hear that the cuts to the state budget could hamper the efforts of couples throughout Alabama who want to get divorced and want the process to move quickly. Divorce in Alabama can be an emotional process and making that process last longer can only add to the frustration and difficulty.

The decrease in hours is an effort to address the layoff of hundreds of court personnel statewide. The staff members who remain will continue to work their regular hours, but for 10 hours each week, they will work without interruption by the public to try to get the work done with fewer staffers, Cobb told the news wire service.

The change will also likely lower the amount of money the courts generate each year for the General Fund, officials have said. When fewer court cases are filed and disposed of in a year, less revenue in the form of fees and fines is generated.

The fastest way to get through a divorce in Alabama is by a cooperative or collaborative divorce in Birmingham. The purpose is to form an agreement, which is binding upon the parties upon approval by the court. Couples who are able to come up with an agreement without difficult litigation usually benefit. However, an attorney should be consulted throughout the process to make sure it is approved and it is enforceable. While both sides may come to agreements about their split, there may be terms that should be added to protect a divorcee's rights.

One thing to keep in mind that some couples don't consider is taxes in a divorce. Divorce taxes in Alabama are important to consider and can create a major tax hit later if not properly handled. The couple must also consider how debts will be split as well as how assets will be broken up.

Some common tax mistakes people might make:

Both spouses claiming the children as dependents.
Splitting investments in a way that subjects someone to a capital gains tax bill.
In marriages with one or more retirement plans, waiting until after the divorce is final to fill out the federal Qualified Domestic Relations Order form.
Losing capital gains tax protection by selling the marital home after the divorce.
Not claiming alimony payments as a deduction for the payer, or not claiming them as income for the payee.
Claiming child support.
Not deducting certain allowable legal and financial fees connected to your divorce.

Additional Resources:

Court clerk warns public about delays, by Jean Cole, The News Courier

Study Shows that Women Who Lost Virginity Early More Likely to Divorce in Alabama

Steve Eversole — Mon, 25 Jul 2011 15:19:51 -0600

Well, I guess sociologists will study anything these days. And in a new one, researchers have found that women who are sexually active early in their adolescence, specifically before they're 16, are more likely to divorce, The Huffington Post reports.

There are many factors that go into an Alabama divorce. Some may be on-the-surface issues, such as a marital affair or financial troubles that cause strife and bitterness. Other factors may be deeply rooted and come from generations of psychology. Regardless, it can be a difficult decision and a tough process and one that an experienced Birmingham Divorce Lawyer should be called on to handle. Through years of experience helping all kinds of people through the process, this firm is able to tackle any issue that may arise in a divorce proceeding.

According to the article, University of Iowa researchers used the responses of 3,793 women who are married or have been married at some point in their lives from the 2002 National Survey of Family Growth to examine the relationship between the age in which they had their first sexual experience and the success of their first marriage.

Among the findings were that 31 percent of women surveyed who lost their virginity as teens divorced within five years and 47 percent divorced within 10 years.

On the flip side, the divorce rate for women who had waited to have sex was only 15 percent at the five year mark, with it only reaching 27 percent in comparison within 10 years.

The study also found that a first sexual experienced before 16 -- unwanted or not -- was a strong association to divorce. The study didn't affect the divorce rate among men who lost their virginity in their teens.

"If the sex was not completely wanted or occurred in a traumatic context, it's easy to imagine how that could have a negative impact on how women might feel about relationships, or on relationship skills," said the study's author, Anthony Paik. "The experience could point people on a path toward less stable relationships."

The newspaper also did a follow-up story with questions for the study's author about some definitions in the study, surprising findings and other trends here.

Regardless of the reasons, divorce can be a tricky process. For one, many people get accustomed to married life and don't consider the sacrifices that must be made when going through a divorce. Separate lives means separate bills, separate income and perhaps a tough situation with children, if there are any.

But hiring an experienced Alabama Divorce Lawyer is critical to make this process go smoothly. Hiring someone who knows the law, who has the experience to help you and has the compassion to help you through the process is important.

Taxes after divorce, splitting assets and determining where the children will live, when each parent will see them and how critical decisions will be made are important factors. It's possible that a cooperative or collaborative divorce process may occur, depending on how friendly each side is, or more difficult divorces may require a contested divorce and litigation. How aggressive the case must be depends on the client and the circumstances.

But the No. 1 goal is a fair and equitable outcome for the client and the protection to move forward in sound financial order, if possible. We work hard to handle all areas of the divorce so the client can seek a new life both emotionally and financially.

More Blog Entries:

Men's Employment Status Affects Alabama Divorces, New Study Finds: June 30, 2011

Additional Resources:

Women Who Lost Virginity Early More Likely to Divorce: New Study, by Stephanie Marcus, The Huffington Post

Continental Airlines Pilots Win "Sham Divorce" in Alabama, Nationwide Case

Steve Eversole — Wed, 20 Jul 2011 14:47:35 -0600

A federal appeals court recently ruled that benefit administrators don't have the right to decide whether employees' divorces are real or fake, in a case that involves Continental Airlines, The Associated Press reports.

Divorce in Alabama can be an emotional experience and one that no couple takes lightly. The last thing they need is their employer weighing in. There are many factors to consider in these kinds of cases, such as child custody, the splitting of assets and debts as well as how to protect against taxes that may be levied after the fact. For these reasons, relying on an experienced Birmingham Divorce Lawyer is critical.

In this case, a group of Continental pilots were sued by the airline, which claimed they got "sham" divorces so their ex-spouses could tap into their lump-sum pensions while they still worked for the airline. And then the couples got remarried.

The 5th Circuit Court of Appeals recently upheld a lower court ruling that employers can't consider or investigate why employees get divorced or whether the divorce is genuine. The appeals court dismissed the airline's 2009 lawsuit, which was filed in a federal court in Houston.

The nine pilots were fired or resigned and they are suing the airline for wrongful termination and for interfering with their pension rights. The pilots got divorced in states were domestic-relations orders assigned all or nearly all of their retirement benefits to their ex-spouses, who then demanded payment.

The divorces took place in the midst of the airline being bought out by United Continental Holdings, Inc. The divorces resulted in $10 to $11 million in pension payouts by the company.

The airline alleged the pilots were taking advantage of a loophole in federal law that allows payment of pension benefits to an ex-spouse before a worker retires. Continental argued that the pilots were worried the pension obligations would be turned over to the government, as other airlines did, leaving them with reduced benefits.

In this case, the pilots used divorce laws in different states to their advantage, fearing they would not be able to recoup the benefits they had spent years working to earn. But there are many other types of concerns for people who are seeking divorce not to find a loophole in the law but because their marriage is ending.

One of the most important factors to consider in a divorce is how much you may have to end up paying in taxes in an Alabama divorce. While "who gets the house" and "who gets the kids" may be the more prominent questions in a person's mind, working it out so that you don't get slammed the following year during tax season may be as important.

Splitting investments, determining who gets to claim the children as dependents on their tax forms and whether or not child support should be claimed are duties a Birmingham Divorce Attorney should take the time to explain and plan out. There are ways to protect assets, businesses and retirement plans in order to set up a financial future that is bright rather than one that is constantly dogged by a mismanaged divorce.

More Blog Entries:

Friendly Divorces up in Alabama as Generation X Divorces Learn From Baby Boomer Divorces: July 19, 2011

Los Angeles Dodgers Saga Offers Cautionary Tale For Business Owners Seeking Divorce in Alabama: July 1, 2011

Additional Resources:

Pilots Win 'Sham-Divorce' Case Against Continental, by David Koenig, The Associated Press

Friendly Divorces up in Alabama as Generation X Divorces Learn From Baby Boomer Divorces

Steve Eversole — Tue, 19 Jul 2011 12:17:17 -0600

A recent Wall Street Journal article delves into the lowering divorce rate throughout the United States, how people are getting married later in life and how if they get divorced, parents are more likely to settle a divorce without expensive and lengthy contested divorces in Alabama and elsewhere.

While the divorce rate is lower than in the past, those who go through a divorce in Birmingham understand the emotional toll the process can take. That's why Birmingham Divorce Lawyers are prepared to use years of experience and knowledge toward working on your behalf in a family split up. Not all divorces are peaceful and sometimes aggressive tactics are needed in order to secure a fair and equitable resolution.

It's true that about half of all marriages end in divorce. Still, divorce itself is at a low compared to previous decades because fewer people are getting married or they are waiting until later in life to tie the knot. In Alabama, consider the last 19 years of divorce rates per 1,000 total population, according to the Centers for Disease Control and Prevention:

1990 -- 6.1
2000 -- 5.5
2005 -- 4.9
2009 -- 4.4

It's obvious that the numbers are coming down and that's just since 1990. Nationwide, fewer people are getting married, CDC stats suggest. In 2000, there were 2,315,000 marriages among 281,422,000 people in the United States, for an 8.2 rate per 1,000 people. In 2009, there were 2,080,000 marriages among 306,803,000 people, a 6.8 rate.

The Wall Street Journal article lays out the experience of one Generation X member -- born between 1965 and 1980 -- whose experience with divorce is similar to many others who grew up in that time frame. Divorce rates, which peaked around 1980, are now at their lowest level since 1970. But many children of those divorces were adversely affected and vowed not to repeat the same for their children.

According to U.S. Census data, 77 percent of couples who married since 1990 made their 10-year anniversaries. The average marrying age in 1950 was 23, while in 2009 it was 28 for men and 26 for women.

But while divorces do happen, the author opines that divorce mediation is at an all-time high. While those getting divorced now remember the painful divorces of their childhood, they are now looking to more friendly ways to dissolve a marriage. And joint custody, which is available in every state -- only nine permitted it in the 1970s -- is another way to keep both parents involved and ensure the child or children have stability and a better future.

Divorce is a sad, but sometimes necessary solution to a frustrating relationship. Birmingham Divorce Lawyers believe that divorce mediation and joint custody if both parents are fit to help their children can ease the pain caused by such a decision. It is our desire to make sure our clients and their children are best cared for in a divorce. If you or a loved one faces this difficult decision, contact our firm today.

More Blog Entries:

Financial Planning in a Marriage Can Make a Birmingham Divorce Easier to Handle: July 1, 2011

Additional Resources:

The Divorce Generation, by Susan Gregory Thomas, The Wall Street Journal

Kids of Birmingham Divorce May be Happier, New Study Shows

Steve Eversole — Sat, 16 Jul 2011 13:10:39 -0600

A recent Wall Street Journal report states that new research hints that children of divorce may be happier in their step families than in their biological families.

Regardless of the new study, which flies in the face of previous research, divorce can affect children and parents in different ways. It can cause depression, loss of self esteem, financial woes, family conflicts and other problems. Birmingham Divorce Lawyers have encountered both contested divorce cases as well as collaborative divorces in Alabama. Our firm is prepared to handle any challenge regarding family law and are committed to helping your family through this challenging time.

The Wall Street Journal cites a Pew Research Center study that suggests if divorced parents remarry, the kids' own marriages may benefit from the example of a second, happier union. Some 60 percent of children who grow up in step families say their marriages are closer compared to those of their own biological parents'. But the study also found that 42 percent of Americans who have at least one step-relative feel a stronger sense of obligation to their biological family.

Signs of the Times, though, says that the new study flies in the face of current marital statistics, which say that kids of a divorce are more likely to divorce and second marriages are more likely than first marriages to end in divorce.

Regardless of the effects on future generations, divorce can be difficult. Our lawyers are committed to helping our clients and their families recover from this process.

There are many things to consider when determining whether or not to get divorced. Not only should one spouse consider the financial implications and how the couple's assets will be split, but one should also think about custodial issues with the child or children.

In Alabama, courts recognize temporary custody, which happens upon filing for divorce, legal custody, which are decisions both parents make regarding the child or children's future, and physical custody, where the child or children will stay after the divorce is final. Alabama allows for joint custody, where both parents are able to participate equally in raising the children after a divorce.

Judges look for parents to show a cooperative attitude in dealing with their children during a divorce proceeding. And the court will take into consideration the fitness of a parent and other factors in making a decision that's in the best interests of the child.

Also keep in mind that if joint custody isn't entered, the other parent may be required to pay child support in a Birmingham divorce. How much is ordered to be paid is based on many factors, such as income, earning capacity and the child's needs.

Some tips from parenting.com about dealing with children in a second marriage:

-It's a second chance at success.
-Children can get attached to parental figures, so be sure the person is worthy.
-Group outings can be draining at the beginning, so stick to individual meetings.
-Discipline is a joint effort, but each of you has a different role.
-Patience can make a big difference.
-Blending families is a process, not an event.

More Blog Entries:

Schwarzenegger Paying Child Support Before Divorce Filing: June 25, 2011

Additional Resources:

Happier Marriages for Kids of Divorce? by Sue Shellenbarger, The Wall Street Journal

Los Angeles Dodgers Saga Offers Cautionary Tale For Business Owners Seeking Divorce in Alabama

Steve Eversole — Fri, 01 Jul 2011 12:54:15 -0600

The storied Los Angeles Dodgers baseball club is in turmoil after owner Frank McCourt ran out of cash to make payroll, Major League Baseball rejected a $3 billion television deal with Fox to help stabilize the franchise that ruined a divorce settlement between he and his ex-wife Jamie and caused the team to file for bankruptcy protection.

The series of missteps and the potential ruin of one of baseball's most historic franchises is sad indeed, but it points out some tips for business owners who may be filing for divorce in Alabama.

In recent weeks, news media outlets have reported that the Dodgers were unable to make payroll payments to the team's players, coaches and staff. The team was recently liable for an $8.33 million deferred compensation payment due to outfielder Manny Ramirez, who no longer plays on the team, NBC Sports reported.

But some temporary good news came recently when it was reported that Frank and Jamie McCourt, who have been battling a very public divorce, had come to a divorce settlement after 20 months of negotiations. The settlement was contingent on MLB signing off on a $3 million TV deal with Fox, most of which was cash, in order to settle the divorce.

But the settlement was stifled by Major League Baseball Commissioner Bud Selig, who nixed the deal with Fox and had the league take over the team and make day-to-day decisions. McCourt, in turn, put the team into bankruptcy court.

The issue in the divorce is whether the Los Angeles Dodgers, purchased in 2004 by McCourt for $430 million from NewsCorp, is considered community property under California Law and therefore can be split between the divorced couple.

ESPN reports that Dallas Mavericks owner Mark Cuban may be interested in purchasing the troubled franchise. It's possible that a California court rules the team is community property and must be sold.

In Alabama, however, property in a divorce is generally split based on what a person brought into a marriage. In cases where a business is purchased or started in the middle of a marriage, it may make things a little trickier to navigate. While uncomfortable, it may be prudent to write a contract to decide what happens during a split to ensure the stability of the business in the future. A prenuptial agreement or putting the business in trust are just two options. The truth of the matter is that divorce is one of the leading causes of business failure.

And while many couples think about how to split the assets, the debts don't just disappear. Spouses filing for divorce must take other things into consideration, such as who pays last year's taxes and what about the balances on our five department store credit cards?

These issues and others must be handled by an experienced Alabama Divorce Lawyer in order to ensure each side equitably is responsible for debts, as well as gets the assets. It's also important to note how taxes in an Alabama divorce can affect each spouse. Splitting investments, avoiding capital gains tax hits and other issues must be taken into consideration and protected in order to ensure a person leaves a marriage able to afford life.

Additional Resources:

Dodgers divorce: McCourts reach settlement after 20 months, by Aaron Gleeman, NBC Sports

Dodgers' bankruptcy lawyers to put Bud Selig under oath, by Bill Shaikin, The Los Angeles Times

More Blog Entries:

Birmingham Attorney Can Help You Avoid Post-Divorce Pitfalls: June 12, 2011

Financial Planning in a Marriage Can Make a Birmingham Divorce Easier to Handle

Steve Eversole — Fri, 01 Jul 2011 11:44:27 -0600

Two recent articles published on CNN.com highlight the need for sound financial planning in advance of a marriage and how that can help if the marriage crumbles and a Birmingham divorce is necessary.

While Birmingham Divorce Lawyers have focused for years on helping families through difficult splits, we understand how tough of a stage of life this can be. While many people don't like to bring up the possibility of a prenuptial agreement before marriage, it's one of the ways to ensure your financial future is stable if the marriage doesn't work out.

People don't buy cars without a contract, yet they continue to enter into marriage with little planning, protection or forethought.

A Fortune Magazine article published on CNN cites reports that reality TV star Kim Kardashian and her NBA player and fiance Kris Humphries are working on a prenuptial agreement. A prenup is a legally binding contract that spells out how each person's assets will be split if their marriage fails.

The article cites a study by divorce lawyers who have seen an uptick in prenups in Alabama and elsewhere because of the financial crisis and people wanting to protect what they have earned.

These agreements are usually used by celebrities and the wealthy, but have become commonplace for the general public. Without one, the court will be responsible for dividing assets, which can leave one person on the short end of the stick. But with good planning and an experienced Birmingham Divorce Lawyer, you can help stabilize your future.

The other article takes a look at cheating during a marriage -- financial cheating. Whether one spouse hides money they earn, keeps a secret bank account or hides expenditures, it can take a toll on a marriage.

A new study shows that lying about money runs rampant in marriages. Nearly 31 percent of people who share finances with a partner say they've been deceptive about money. More than half of those said they've hid either money or a minor purchase. Sixteen percent of respondents in the poll said their financial infidelity caused a divorce.

Some red flags about financial cheating:

When the spouse is resistant to have a conversation about finances or have become argumentative or angry when you discuss finances.
When your partner makes a big purchase without telling you first.
When you find bills for items you didn't know about.
When the spouse has opened new lines of credit in their -- or your -- name.

It is best to ask questions about finances and spending up front as to avoid a difficult conversation or collapsing marriage at the end. The study found that 14 percent of couples who were recently married or soon-to-be married didn't talk about money before tying the knot.

If you are considering a divorce in Birmingham or elsewhere in Alabama, consult our law firm immediately. We will assess your situation, your finances and other factors and work to obtain the best resolution possible to ensure you are financially stable for years to come.

Additional Resources:

Financial infidelity: Catching a cheating spouse, by Jessica Dickler, CNN Money

Getting married? Get a prenup, Janice Revell, Fortune Magazine

More Blog Entries:

Schwarzenegger Infidelity Shows the Need for Planning in an Alabama Divorce Case: May 18, 2011

Men's Employment Status Affects Alabama Divorces, New Study Finds

Steve Eversole — Thu, 30 Jun 2011 09:17:10 -0600

A new study from Ohio State found that a woman's employment status has no bearing on whether or not her husband will initiate a divorce, but if a man is out of work, it is more likely he and his wife will opt for divorce, The Globe and Mail reports.

Divorce in Alabama can be the result of many different factors, but economics are surely at the top of the list. And the effects of the Great Recession are hitting home in our state. The Birmingham News recently reported that the state's unemployment rate jumped from 9.3 percent to 9.6 percent in May. The April tornadoes may have contributed, officials said. Birmingham Divorce Lawyers have seen how economic troubles can send a couple spiraling toward divorce. And we strive to take the emotion out of this process as much as possible if that is the decision the couple has decided to make.

The unemployment numbers in Jefferson County are 9.2 percent, while it is 8.8 percent in Birmingham. The newspaper also reported that there were nearly 46,00 unemployed residents in the Birmingham metro area, up more than 2,300 from April to May. So, obviously the economy is affecting many people in Birmingham and throughout Alabama.

And the new study, which is scheduled to be published in the American Journal of Sociology, looked at more than 3,600 couples from the U.S. National Survey of Families and Households.

The study's authors found that when a woman is unemployed, it has no effect on the likelihood that her husband will choose to leave the marriage. But when the man is unemployed, not only is his wife more likely to want a divorce, it's also more likely that the man himself will choose to end the marriage. That even counts for men in relatively happy marriages, the Globe And Mail reports.

The study suggests that marriage in which a man doesn't work "does not look like what (men) think a marriage is supposed to." So, while it may be acceptable for women not to work, not so for men.

And divorce in Alabama is especially high. Alabama Divorce & Family Law Attorney Blog reported recently that Alabama has the third-highest divorce rate for men and fourth highest rate for women. According to 2009 data, about 21,000 Alabamians were divorced that year.

Divorce can be a heart-breaking and emotional situation. It can also be a new beginning and a new lease on life. Taking a courteous approach and taking into consideration that feelings, emotions and children are involved may be the best approach. And, sometimes, divorces are contentious and require aggressive representation and protection of your rights.

Our firm has spent years representing clients throughout Alabama and doing it in a way that is best for the children and each party. Protecting assets and helping to secure a strong financial future are our priorities and we will do what we can to make sure your rights are protected and the case is resolved as amicably as possible.

If you need to speak with a divorce lawyer in Birmingham, contact Eversole Law at 205-981-2450 for a free consultation.

Additional Resources:

Unemployed men more likely to divorce, but wives' employment has no effect, by Dave McGinn, The Globe and Mail

Alabama's jobless rate up to 9.6 percent, by Roy L. Williams, The Birmingham News

Schwarzenegger Paying Child Support Before Divorce Filing

Steve Eversole — Sat, 25 Jun 2011 08:29:27 -0600

Former California Governor Arnold Schwarzenegger recently returned to Austria and sources say that he has been paying child support even before he and Maria Shriver have officially filed for divorce, the Daily Mail reports.

Child support in Birmingham can be contentious because financial matters are important as a couple divorces and tries to move forward. So, hiring an experience Birmingham Divorce Lawyer is crucial to making sure all financial areas of a divorce are properly hammered out.

As previously reported by Alabama Divorce & Family Law Attorney Blog, the actor and his wife split after 25 years of marriage. At first, the public wondered why the couple, who has four children, ages 13 to 21, would suddenly break up. But news quickly surfaced that Schwarzenegger, famous as a politician and as an action movie star, had fathered a child 14 years ago with a worker in the family's California home.

The Daily Mail reports that as their lawyers continue working on a divorce settlement in advance of the divorce being filed, Schwarzenegger has been paying for his sons' private school bills. The newspaper reports that Shriver's lawyers are working to get a full estimation of his worth.

What couples entering divorce should consider is that every child has the right to be supported. But determining how much money is paid, who gets the money and the consequences of not paying are all important factors.

In Alabama, the court will consider several things before calculating child support payments. First, all relevant income of the parent ordered to provide child support is the first factor. If unemployed, the court will base its calculations on past earnings, likely future earning, the parent's education and other factors. The court may also take into consideration other factors as well.

Temporary child support orders may be put into place as soon as one spouse files a petition for divorce. It will remain in effect until the final divorce settlement. And the only way to terminate child support obligations is if the parent paying child support gives up their parental rights or if the parent receiving support abuses the child.

The court will not act as a monitoring agency for child support payments, but does have the authority in some cases to garnish wages or send a person to jail if they fail to make child support payments. Sometimes, an outside government child support agency can monitor these situations, but it is the parents' duty to govern this area.

Keep in mind that child support issues largely revolve around which parent gets custody after a divorce. So, making sure you hire an aggressive Birmingham Child Custody Lawyer is an important step to making sure you are able to have influence on and a strong relationship with your child after divorce. The court will take into consideration what is in the best interests of the child or children, so putting together an impressive array of information and witnesses is essential in persuading the judge in your case.

If you need to speak with a divorce lawyer in Birmingham, contact Eversole Law at 205-981-2450 for a free consultation.

Additional Resources:

I said I'd be back! Arnold Schwarzenegger returns to Austria... as it's revealed he's 'willingly' paying child support to ex Maria Shriver, Daily Mail

Charges Dropped in Fake Divorcee Facebook Murder Plot

Steve Eversole — Tue, 21 Jun 2011 13:24:39 -0600

The FBI recently arrested and dropped charges against a man who told a Facebook user he wanted to kill his wife, knowing that it was his wife who created the fake account to monitor him, The Smoking Gun reports.

As social media sites like Facebook and Twitter permeate our society, it is critical that you watch what you post or say if you are in the middle of a Birmingham divorce. Just as Birmingham Divorce Lawyers use these sites to search for evidence in contested divorces, your soon-to-be former spouse and his or her friends do as well. Anything you say can be used against you, so be careful.

In the instant case, a man and woman going through a child custody battle in Indiana began playing games with each other, which, as evidenced by the fact that their story went national, shows how easy it is to find out what you're saying online.

The ex-wife created a fake Facebook account of a 17-year-old girl and the man, knowing that the account was fake, told the "17-year-old" he had placed a GPS device in his ex-wife's vehicle to monitor her movements. He also told the Facebook user of his desire to "find someone to take care of" his ex-wife and perhaps someone at the girl's school would do it for $10,000.

After the ex-wife contacted authorities, the FBI swooped in and arrested the man, keeping him in custody for four days before freeing him after he proved he knew all along that it was his ex-wife and that he played along to use her tactics against her in their child custody case.

The mess is an extreme example of the lengths parents can go to to get a successful child custody ruling. But it also shows how cautious people should be when dealing with divorce. It would be prudent not to mention going on an expensive vacation, going out drinking on the town or your new boyfriend or girlfriend.

Any of these, or a list of other comments, can be used by your ex-spouse or their lawyer in convincing a judge you aren't a fit parent, lied about your finances or a host of other issues. It's easier than ever for this type of information to make its way into a courtroom and ruin your chances of a favorable ruling.

When a divorce can't be settled through cooperative measures or a pre-planned agreement between the parties, it's possible that the proceeding will be a Birmingham contested divorce. This sometimes requires more preparation and the additional support services and care that our firm provides our clients. When divorce is especially nasty our firm does all that we can to provide psychological support to help ease the already stressful situation our clients face.

Divorce can be difficult, so hiring an experienced law firm to make sure not only that the best interests of your finances are addressed, but also that you get the best possible resolution regarding the custody of your children is key.

If you need to speak with a divorce lawyer in Birmingham, contact Eversole Law at 205-981-2450 for a free consultation.