Divorce Requires Proper Financial Planning

Divorce requires proper financial planning.  This statement seems obvious but is often overlooked by many inexperienced divorce practitioners.  While property division, child support and alimony are often negotiated, other equally important aspects of divorce planning may go overlooked.  Life insurance is an often overlooked aspect of divorce proceedings.  For instance, what happens if the person required to pay alimony or child support dies?  An article detailing these exact divorce planning concerns can be found here.  As a practicing Alabama divorce and family law attorney and lawyer, I always insist that my divorce clients are protected from such an eventuality, by making sure those responsible for child support payments or alimony are required to maintain a life insurance policy. 

This is just one more reason why anyone considering a divorce should contact an experienced Alabama divorce and family lawyer.  Divorce is not a simple matter and should be undertaken only by an attorney or law firm that focuses its practice on Alabama divorce law.  A good Alabama divorce lawyer must understand taxes, be a financial planner, understand the myriad aspects of divorce law, including child support, alimony, child visitation, child custody etc., and must be an aggressive litigator and excellent communicator.   

Alabama Divorce Law & Contempt of Court

I filed a contempt of court proceeding today against a client's husband who violated a Pendente Lite Relief custody order.  Pendente Lite is just a fancy Latin way of saying temporary relief.  This temporary relief is granted during Alabama divorce proceedings to determine things like child custody and support, temporary alimony during the divorce(so that your spouse just can't cut you off and stop paying the bills) and often determines who gets to stay in the marital home.  This alimony, child custody, and child support, is only a temporary order until the divorce is final and the court has made a final determination on things like alimony, child support, child custody, etc. 

Well, I was able to secure my client temporary custody of her son, have her husband ordered out of the home, and I was able to obtain temporary alimony and temporary child support for my client during the Pendente Lite Relief hearing.  Of course, the husband received standard every other weekend visitation.  This past weekend he did not want to return the child to his mother per the court order.  In fact, he told her, "the boy is coming to live with me, and there is nothing you can do about it."  So I filed an emergency Petition for Rule Nisi, which is a contempt of court proceeding against the husband for his rash behavior.  The judge will hopefully rule on the motion ASAP.  I asked the court to put the offending husband in jail for five days(each violation of contempt is punishable by five days in jail), asked the court to make him pay my attorney's fees(which are often granted in contempt proceedings), and asked the court to end all unsupervised visitation and for the husband to return the child immediately.  I believe the court will rule in our favor soon.

When you need an Alabama divorce lawyer or attorney, do not settle for someone who does not focus his practice on Alabama family law and divorce.  I have filed six divorce complaints and answers this week alone.  I handle Alabama divorce and family law cases throughout the state of Alabama from a centrally located Birmingham locality.  And I publish this Alabama divorce and family law weblog, which requires extensive knowledge of Alabama divorce law to maintain.  I therefore, must keep myself informed of all relevant Alabama divorce and family law case law.  Do not settle for less. 

Divorce Law Goes High Tech

Computers, e-mails, blackberries, GPS navigation systems, and web site records have made their way into divorce court with a vengeance.  Astute divorce and family law lawyers must be aware of new technology and how it can win or lose a divorce battle.  It is fair to say that electronic evidence has changed the face of how divorce law is practiced.  An Alabama divorce lawyer or attorney must not only know Alabama divorce law, procedure and be an aggressive litigator; but he must also understand and know the rules of electronic evidence and be familiar with the methods and means to obtain such evidence.  Because of the new technology many Alabama divorce lawyers are at a distinctive disadvantage.  Believe it or not, I know divorce attorneys who don't use e-mail.  How can these lawyers know how to obtain or even seek out this new kind of evidence found in meta-data?  Because of the huge role computers and cell phones play in our everyday lives, it is essential that your divorce lawyer has a thorough understanding of electronic evidence in today's divorce proceedings. 

I happened to have studied on under one of the world's foremost scholars on electronic evidence, Judge John Carroll, the Dean of Samford University's Cumberland School of Law in Birmingham, Alabama.  Judge Carroll was extolling the virtues of electronic evidence in the early days and sits on the national committee that has been tagged with solidifying electronic evidence laws in this country. 

I am also one of the first  attorneys to publish a divorce or family law blog in the state of Alabama and I am intimately familiar with all things in the computer world.  I try very hard to stay abreast of the latest technologies and their potential uses in divorce court.  If your significant other has a E-Harmony profile, visits Internet porn sites, or sends incriminating e-mails, I will find out and use it against them in an Alabama divorce court. 

Is Divorce Good for Some Children?

An recently published author argues that divorce can be liberating to some children.  Max Sindell, author of The Bright Side: Surviving Your Parent's Divorce believes that divorce can be a good thing for children.  In fact, as a child of divorce himself, he says, "it was one of the best things that ever happened to me."  Max's book spawned a website: Survivingyourparentsdivorce.com.  Max's parents divorce when he was six years old and his book offers some insights into a child's vision of divorce.  His book opens with a Divorced Kid's Bill of Rights:

  • The Right to Be Safe and Feel Safe
  • The Right to Awareness
  • The Right to Counseling
  • The Right to be Heard
  • The Right to be Your Own Person
  • The Right to be Neutral
  • The Right to Private Communication

I applaud Max for trying to help children facing a tough time in their lives.  Even if true, and a child does benefit in some circumstances from their parents divorce, it is a fact that children will face some difficult times during their parents divorce.  Max's attempts to alleviate some apprehension in children is admirable.  He also does an excellent job of getting parents to see the divorce through their children's eyes.

As my readers know, I would never counsel someone to stay together for their kids.  It only ends up making everyone unhappy.  However, divorce can be handled in ways to minimize its effects on children, but this is only possible if both parents truly desire to do so. 

Birmingham, Alabama Divorce Lawyer & Attorney Client Testimonial

After getting this client everything she wanted in her Alabama divorce proceedings, including custody of her son, the marital home, alimony and child support, she sent this note:

"Dear Steve,
 
I wanted to take a moment to again express my heartfelt thanks.  I am "over the moon".   At the risk of sounding too dramatic, you have delivered me from a hellish, almost paralyzing depression. Anyway, should any acquaintance in Alabama ever express the need for an attorney, your name
will be the only one out of my mouth.

Sincerely, Client X"

When this woman came to see me she was in bad shape.  Her husband had kicked her out of the family home, she was living like a pauper because she was a housewife and he had cut off her funds, stopped paying her bills, dropped her from the family health plan, and basically kicked her to the curb to fend for herself.  This woman, and others like her, are part of the reason I wanted to be an Alabama family law and divorce attorney.  As an Alabama divorce lawyer I get to help people in very personal ways.  I get to know them and their families, sometimes very well, and I take their situation as serious as I would if I were in their shoes.  I try to live by the golden rule, and to paraphrase, "treat others as you yourself would like to be treated."  many of my clients are at a point in their life where they need a shoulder to cry on and someone to fight for them like they were fighting for themselves.  I try to be that shoulder, and I try to fight like I am fighting for my life. 

If you need an Alabama divorce or family law attorney or lawyer, call my office today.  I always answer my own calls, and if by chance I can't answer because I am in court or with another client, I will always call you back as soon as possible.  I started my firm to be a different kind of Alabama divorce lawyer and attorney.  If you or your family needs help, please call my personal cell, toll free at 866-831-5292.  I am available 24/7 to my clients, but you may need to leave a message if you call at midnight, It's hard for me to wake up that quickly.  heh. 

Divorce & Custody Proceedings Involving Military Service Members

The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians.  The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules.  The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents. 

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well.  The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days. 

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service. 

**The military have special rights and obligations pertaining to divorce and family law matters.  I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law. 

Alabama Divorce Lawyer and Attorney

The Alabama divorce and family law attorneys and lawyers of Eversole Law offer legal services in Alabama divorce, alimony, child custody, child visitation, prenuptial and post-nuptial agreements, grandparents rights, adoption, and other Alabama family law matters. I founded my Alabama divorce and family law practice to ensure every Alabama family has access to affordable and qualified Alabama divorce and family lawyers and attorneys.  I will personally walk your family through the difficult process of an Alabama divorce proceeding and make sure your interests are protected in child custody, alimony or visitation proceedings and orders.  As an Alabama divorce lawyer I represent clients in Birmingham and throughout the state of Alabama, and I guarantee top notch service and quality legal professionalism.  When you chose an Alabama divorce lawyer or attorney from Eversole Law you are choosing personalized 24/7 service in a family like environment.  We take care of our clients in every way. 

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Divorce & Family Law Courts

My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama.  I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior 

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster,  Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.   

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama

Alabama Divorce Lawyer & Attorney Testimonials

As an Alabama divorce and family law attorney and lawyer I help people every day with serious Alabama family law and divorce issues.  Stationed centrally in Birmingham, Alabama my office routinely represents clients throughout the great state of Alabama.  We help clients through divorce,  with child custody and visitation rights, alimony, grandparents rights, child support modifications, adoptions, post divorce proceedings, contempt of court hearings, and with all things Alabama family law and divorce related.  Seldom do things turn out as perfectly for a client as they turned out today.  After getting Client X everything, and I mean, everything she asked for in her post divorce child custody and support proceedings, she had this to say about my services:

"You are great, I am so relieved and excited.  You were well worth every penny and then some.  I can't wait to tell my friends about you.  You truly cared about me and my family.  I cannot thank you enough.  Your service, price and expertise were outstanding!  I still cannot believe you were able to secure everything I asked for in the proceedings.   You are a godsend.  Thank you, thank you,  thank you." 

I am an Alabama divorce lawyer and attorney because of people like this wonderful lady.  She did nothing wrong and her husband was trying to forcibly obtain custody of her teenage daughter.  It was an underhanded move and he got what he deserved, nothing.....except some large legal fees. Ha!  This case, and these results, seeing how happy Client X was after hearing the good news, is why I became an Alabama divorce and family law lawyer and attorney.  I cannot think of another job that would allow me to have such a huge impact on the lives of people and their families.  I only hope I can continue to provide such excellent service. 

 

Alabama Divorce Law - Temporary Alimony

Under Alabama divorce law it is possible to obtain temporary alimony from your spouse while the divorce is proceeding.  An Alabama divorce lawyer will file a motion for Pendente Lite with the court in order to obtain this temporary support.  Pendente lite is Latin for "while the action is pending."  Temporary alimony or support in Alabama is often required when a spouse cannot sustain the same standard of living during the divorce she/he would have maintained prior to the divorce proceedings.  Often, temporary support is given to spouses going through an Alabama divorce proceeding when the spouse has no other assets, i.e. a stay at home mom and wife without any other income.  However, even with additional income, if you are unable to maintain the same standard of living to which you are accustomed, you may be eligible for temporary alimony during the Alabama divorce. 

Temporary alimony is just that, temporary.  It will end when the divorce ends and will be replaced by a final spousal support award.  If you are experiencing difficulties in maintaining your standard of living during a divorce, you owe it to yourself to contact an experienced Alabama Divorce lawyer and attorney as soon as possible.  The Alabama divorce and family law attorneys and lawyers of Eversole Law will make sure you get the Alabama temporary support and alimony you deserve.