Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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