Alabama is the most unfaithful state in the U.S. – Ashley Madison Website Leak

ashley-madisonIf you thought Alabama was one of the most conservative states in the United States, you would be mistaken. According to an analysis of data leaked from the recently hacked dating website Ashley Madison, the most unfaithful men and women live in Alabama.

In case you’re wondering what is Ashley Madison and what does a dating website have to do with married people, who presumably aren’t supposed to be dating, the Ashley Madison website is a dating website for married people looking for affairs.

The Ashley Madison website hack also revealed that out of the almost 36 million Ashley Madison customers, 90% to 95% of the customers were men. More than 15,000 of the registered email addresses belong to .mil or .gov accounts, including some from Alabama.

Given the secretive nature of infidelity, exact figures about cheating and extra-marital affairs are nearly impossible to establish. It’s estimated that 30% to 60% of all married individuals (in the United States) will engage in infidelity at some point during their marriage. These numbers are probably on the conservative side, when you consider that close to half of all marriages end in divorce, and when you consider the Ashley Madison website had over 36 million users.

Finding out that your spouse has cheated or thought about cheating can be a devastating, stressful experience. Infidelity brings out feelings of anger, betrayal, rejection, and mistrust.

Spouses who’ve been cheated on often find themselves in relationships that are lacking in trust and are full of problems such as anger and resentment, all which take their toll – draining people of their energy, their well-being and their self-esteem.

Deciding to leave a spouse because of infidelity is an important decision. If you’re considering staying with your spouse after they’ve cheated, the most important question you should ask yourself is this: Do you think you’d be better off without your husband/wife?

In the state of Alabama, adultery is grounds for a divorce. Adultery is one of the most common reasons people contact our Family Law Attorney Birmingham Alabama.

If your spouse has cheated on you, and you’d like to discuss your options for ending your marriage, you’ll want to hire an experienced Divorce Attorney Birmingham Al.

If you’re considering a divorce in Alabama and would like more information about your legal rights, contact Divorce Attorney Birmingham Al,
Steven Eversole for a free initial consultation.

What Are The Rules for a Legal Separation in Alabama?

What Are The Rules for a Legal Separation in Alabama?Sometimes married couples may decide to live apart rather than filing for a divorce, and some couples may decide to file for a legal separation rather than get a divorce.

If you’re not sure you want a divorce, but you don’t want to live with your spouse any longer, a legal separation may be the solution. Unlike a divorce, if you’re legally separated you cannot remarry and you’re technically still married.

Some couples remain legally separated and never file for a divorce for a variety of reasons. Other couples legally separate to determine if they actually want to move forward with a divorce.

Reasons for a Legal Separation

There are numerous reasons people choose to legally separate rather than file for a divorce. Some people are opposed to divorce for religious reasons and instead choose to live separately.

In some situations people choose to legally separate rather than divorce for financial reasons or because of health insurance benefits.
Legal Separation is a good option if you are nearing the tenth anniversary of your marriage due to the 10 year requirement to collect Social Security Benefits.

If your spouse is in the Military, you’ll want to remain married for ten years to be eligible for benefits under the Uniformed Services Former Spouse Protection Act.

What to do if you want a Legal Separation in Alabama

A legal separation in Alabama must be filed with the court. Living apart without a formal separation agreement can be risky. You’ll want to hire a Birmingham Divorce Attorney to draw up the Separation Agreement and protect your legal rights, just as you would hire a Divorce Attorney for a divorce.

The Legal Separation Agreement will address issues such as:
• Division of property, assets and debts
• Child Custody Issues
• Child Support
• Spousal Support

The decision to legally separate can become quite complex. You should consult with a Birmingham Family Law Attorney so you can make wise decisions regarding your future and protect your interests – for both the short term and the long term.

It’s important that you can live with the terms of the separation agreement long term because many times the separation agreement will carry over to the divorce settlement agreement if you decide to move forward and file for a divorce.

For that reason, it is important that you understand the implications of a separation agreement and how it may impact your future.

If you’re considering a Legal Separation in Alabama and would like more information about your legal rights, contact Birmingham Divorce Attorney Steven Eversole for a free initial consultation.

Birmingham Family Law Attorney Discusses Prenuptial Agreements

prenuptialWhen a couple decides to get married, there is a lot of planning to do for the wedding, newly-engaged couples are focused on the long and happy marriage ahead of them and the furthest thing from their minds is a prenuptial agreement.

To most people a prenuptial agreement plants the seed that you may not think the marriage will last, the reality is that your marriage will end, whether by divorce or by death, and when either of those events occur in your marriage you will quickly learn that marriage is a legal relationship, not just a romantic relationship.

If you’re considering a prenuptial agreement, you’ll want to consult a Birmingham Family Law Attorney to determine if you need a prenuptial agreement, and if you decide you want a prenup, how to have one written that is enforceable under Alabama law.

While a discussion about a prenuptial agreement may not be the most romantic conversation you’ll have with your future spouse, it may be one of the most important conversations you’ll have with your future spouse.

Most people think that a prenup is only necessary if you are wealthy. There are other situations where it is in your best interest to have a prenuptial agreement as well.

Here are some situations where you might want to consider getting a prenuptial agreement.

If you own a business, especially if you have business partners. If you get divorced you probably don’t want your ex-spouse to own part of your business.

If you will be supporting your future spouse through college paying tuition or will be contributing towards paying off your spouse’s student loans. If you get divorced in a few years, you’ll want to address the thousands of dollars you’ve paid for your ex-spouse’s education.
If you and your spouse agree that once you have children one of you will quit your job and stay home to raise the kids. The caregiver may struggle to find employment having taken time off from their career; a prenuptial can address how you’ll be compensated fairly for taking care of the family.

If you’re getting remarried and you have children or you have significant assets that you want to protect such as a home. In the case of divorce or death, a properly structured prenup will take care of all of your loved ones according to your wishes. In the event of a divorce, a prenup can protect the assets you brought into the marriage.

If you’re marrying someone with a lot of debt, you don’t want to be responsible for their debt in the event of a divorce; a prenup can address this issue in advance.

You may not be as well off financially as your spouse and you want to ensure that you are well taken care of in the event of a divorce.

If you are wealthy and have an estate plan, a prenuptial agreement adds another layer of protection, ensuring that your estate plan is carried out in the event of your death.

As with any legal contract a prenuptial agreement has to follow specific guidelines to be enforceable. If you’re going to have a prenuptial agreement it is important that you have a Family Law Attorney handle it for you.

Prenuptial agreements most commonly focus on property division in the event of divorce of death, both spouses will have to fully disclose their finances including assets and liabilities.

It is advisable that each spouse be represented by their own Birmingham Family Law Attorney; otherwise the courts may find that prenuptial agreement to be invalid.

If you are considering a prenuptial agreement or your future spouse has asked you to sign a prenuptial agreement please call our prenuptial agreement attorney Steven Eversole to negotiate or create a prenuptial agreement for you. If you have signed a prenuptial agreement and would like to know if it is enforceable, our family law attorneys would be happy to assist you as well.

Contact Birmingham Family Law Attorney Steven Eversole at Eversole Law LLC by calling (866) 831-5292 for a free initial consultation.

Birmingham Family Law Attorney Shares 3 Tax-Saving Tips About Divorce

Birmingham Family Law Attorney Shares 3 Tax-Saving Tips About DivorceDivorce proceedings can be overwhelming and stressful, thinking about taxes while going through a divorce is probably the last thing on your mind. However, you need to have a clear understanding about how taxes will affect you before you settle your divorce.

Birmingham Family Law Attorney Steven Eversole offers 3 important, tax-saving tips that you need to consider when getting divorced.

1. Filing Status.

  • Your legal marital status on December 31st determines your filing status.
  • If your divorce is still not finalized at the end of the year, you have two options, you can file a joint tax return or you can file the married-filing-separately status.
  • If your divorce has been finalized and you have primary custody of your children, you can pay less tax by filing as head-of-household.
  • If you don’t have children and your divorce was finalized on or before December 31st, your tax status will be single, even though you were married part of the year.

2. The Tax Implications of Support.
Alimony – The person paying alimony – oftentimes called spousal support – can fully deduct the alimony payments without having to itemize deductions. In order for alimony to be considered tax deductible for income tax purposes, there must be a legal separation agreement or divorce decree.

The person receiving the alimony will have to pay taxes on the money received as earned income. If you are receiving alimony, it is important that you report the full amount of alimony received on your tax returns since the IRS will know how much alimony you received.

Remember, if you are receiving alimony, you are getting paid pre-tax money, and you have to pay taxes on the alimony. It is important to have a Birmingham Divorce Attorney represent you so that you receive a divorce settlement that supports your needs and will also include enough money to pay your taxes.
If you’re employed you can have extra taxes withheld from your paychecks to cover your taxes for alimony.
If you’re not employed, or the amount withheld from your paychecks won’t be enough to cover your taxes, you can pay estimated tax payments on a quarterly basis so you won’t owe taxes and penalties.

Child Support – Child support is not taxable income by the parent receiving child support. Child support is taxable income to the parent who pays the child support.
Birmingham Divorce Attorneys will usually recommend that the spouse paying child support purchase a life insurance policy covering the terms of the child support payments, naming the custodial spouse as the owner and beneficiary of the policy.

3. Exemptions and Medical Expenses for Children.

If your divorce decree states that you are the custodial parent, you can claim your child or children as dependents on your tax return. If your divorce decree does not specify the custodial parent you are still eligible for the exemption under the following circumstances – your child or children live with you more than they live with your ex-spouse. If your child or children live with you less than six months out of the year, you can still claim them as dependents if you have your ex-spouse sign IRS Form 8332.

The custodial parent is also entitled to claim a credit for the expense of work related child care for children under the age of 13. The child care credit is only available to the custodial parent even though the custodial parent may have filled out IRS Form 8332.
If you pay your child’s health insurance premiums and your child’s medical and dental bills, you can include these expenses in the medical expense deductions on your tax return even if you don’t have primary custody of the child and cannot claim the child as a dependent on your tax return.

Once your child reaches college age, you have the right to claim the Lifetime Learning College Credit or the American Opportunity Higher Education Credit if you have been claiming the child as a dependent on your tax returns. You cannot claim those credits if you can’t claim the child as an exemption, even if you are paying your child’s college expenses.
Knowing the basics of how a divorce can affect your taxes can help you avoid costly mistakes when reaching a divorce settlement. You should always consult a reputable Birmingham Divorce Attorney before settling your divorce.

If you are considering a divorce or need other family law help, we invite you to call our Divorce Attorney Birmingham AL office to make an appointment for a free initial consultation with Attorney Steven Eversole.

Should I Keep the House After My Divorce?

Should I Keep the House After My Divorce?

A divorce can turn your entire world upside down. Everything about your life is changing, so it is only natural to want to maintain some stability in your life by keeping the family home.

Oftentimes the family home is the most valuable marital asset in a divorce, so there may be disagreements between the divorcing spouses when it comes to deciding what happens to the family home.

Most moms with kids want to stay in the family home because it represents stability for the children. However, keeping the family home might not be the best decision and depends on many different factors. There are many things to consider before making the decision whether or not to keep the family home after divorce in Alabama.

Here are some things to consider from an emotional as well as financial perspective before making the decision to keep the family home after divorce.

From an emotional perspective, some people think that staying in the same house – absent one member of the family – that things will be the same. When one’s entire world seems to be falling apart, the family home may seem to be the only stability in a world turned upside down.
While initially it might seem like a good idea, eventually you’ll realize that life is indeed different and you won’t be able to pick up the pieces of your life by reliving the memories of happier days gone by.

Financially the family home might be too expensive now that there is only one income. When deciding whether or not to stay in the family home, you’ll need to look beyond the monthly mortgage payment. Make sure to include maintenance of the house and the property, include real estate taxes, any special assessments and HOA dues.

How long do you plan on staying in the home? If you’re only planning on staying in the home for a few years, until the kids are grown and off to college, consider how much refinancing the home will cost. You’ll most likely have to buy-out your spouse and refinance the home. If on the other hand you plan on living in the house forever, refinancing costs won’t be an issue.

If your children are older and will be off to college in a few years, perhaps you and your ex-spouse can agree to jointly own the home. That way you won’t incur refinancing expenses and the monthly expenses will be manageable. Make certain to consider all the tax implications when structuring this type of arrangement into your Alabama divorce settlement.

If you’ve experienced significant appreciation of the property and will be selling the home in a few years you may want to sell the home during the divorce to avoid capital gains tax. When you sell your home (primary residence), you can make up to $250,000 in profit without paying capital gains tax if you’re the sole owner of the house. You can exclude $500,000 in profit without paying capital gains tax if you’re married.

Going through a divorce in Alabama can be extremely overwhelming. When trying to decide if you should keep the family home after divorce be sure that you’re considering all the financial implications before making this important decision.

If you’re considering a divorce in Alabama and would like more information about your legal rights, contact Birmingham Divorce Attorney Steven Eversole for a free initial consultation.

Study: Age at Time of Marriage Affects Divorce Rates

For years, we have been hearing about how people are waiting till they are much older to get married. In past decades, many people became married before their mid-20s and had children at younger ages, as well. While there are various reasons for this, it is now common advice for friends to tell you not get married before you are 30, because, if you get married too early, your marriage will not last.

brokenheart-300x300.jpgHowever, according to a recent study, getting married later may reduce the chance of getting divorced, but getting married after age 32 increases your chance of getting a divorce, and this is obviously in contrast to the conventional wisdom and advice you have been hearing for years Continue Reading

Relationships with Your Ex Following a Divorce

When a couple gets divorced with no children, it is quite possible they will never have to talk to each other again, aside from running into each other on occasional events with mutual friends.   However, if a couple has minor children together, the court case may be over, but the former spouses will have to deal with each other for many years to come.

Some couples do not handles this well. They spend years warring over every detail of child custody, support and other matters.

But it often does not have to be this way if each person commits to treating each other with respect, both as individuals and as co-parents. According to a recent news article from Huffington Post, newly-divorced couples have a chance at a second relationship through their efforts to co-parent. While this new relationship is not the kind of intimate relationship seen during a good marriage, it is still based on a type of love, according to the author of this article. Continue Reading

Jake Gyllenhaal Discusses How His Parents’ Divorce Affected Him

There is no question that when a couple gets divorced, both the process itself and life after divorce can have a major effect on minor children. What may be somewhat more surprising is that even adult children may be emotionally affected when two parents decide to get a divorce.

However, that does not always mean the effects will be negative.

According to recent article from People, actor Jake Gyllenhaal, best known for his role in Brokeback Mountain and Jarhead, and also star of the upcoming movie Southpaw, discussed how his parents’ divorce allowed him to be more honest with himself.   By the time his parents announced they were getting divorced, Gyllenhaal was already a successful Hollywood actor. Continue Reading

Blake Shelton and Miranda Lambert Take to Twitter after Divorce

Blake Shelton and Miranda Lambert, two of country music’s biggest stars, recently finalized their divorce. While the divorce made big headlines, it seems the now former couple is still making big headlines with the tweets they are continuing to exchange in public, even though they are not longer legally married.

guitar-bits-2-1425928According to a recent entertainment news feature from People, the popular couple was married for over 10 years when they decided to file for divorce. While it is not strange to hear about another celebrity couple deciding to file for divorce, their comments on social media are not what one would expect to find, especially when we are so accustomed to hearing about celebrity couples fighting on social media during and after their public divorce. Continue Reading

Cold Feet Are Normal Before Marriage – So Are Second Thoughts about Divorce

Getting married is a major life-changing decision. Most people give the issue a lot of though and hope they will have a happy marriage and a marriage that will last their entire lives. However, despite the great amount of thought and planning, second feelings (cold feet) are normal. This does not mean the decision is not correct.

cold-feet-1561424According to a recent news article from The Huffington Post, getting cold feet or second feelings before a divorce also is completely normal and doesn’t mean you are about to make the wrong decision. Sometimes, these second thoughts are about getting a divorce itself, and other times there are a series of questions you may be asking yourself about various issues dealing with your marriage. Continue Reading