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

Just settled a Birmingham, Alabama divorce case today.  I represented the husband in this case and answered my client's Alabama divorce complaint, filed a divorce answer and counterclaim, my own motion for pendente lite(temporary support), child custody, alimony, etc. etc.  Shortly after the first court ordered mediation we agreed to a settlement.  My client received major concessions from the other side.  I was able to give my client everything he asked for.  I secured him a favorable resolution on every single issue he contested in the divorce, kept the cost down, and did so in a timely fashion.   I am going to ask him to post a client testimonial soon.  I think he is very happy! :)

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Alabama Appeals Court annuls couples marriage on failure to consummate grounds.  The Alabama Appeals Court has basically ruled that to be legally married in Alabama, you must consummate that relationship, or your marriage is subject to annulment.  An annulment is declaring your marriage to be null and void, as if you were never married.  The court reasoned that an unstated intent to never consummate your marriage relationship is a fraud rendering that marriage invalid.

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A young female client from Birmingham, Alabama called a few weeks back in desperate need of help from an Alabama divorce lawyer.  She was crying and telling me how her husband was no good, frequently beat on her, threw her out of the house and tried to steal her baby.  She had no money, very little means to obtain any money, and in need of some sympathy and compassion.  I told her that we could file for divorce tomorrow, have a motion for temporary support requiring her husband to maintain her previous living condition and provide for her baby by the weekend, get her back in her house temporarily, file a temporary restraining order against the abusive husband in the short run, make him pay alimony, child support, attorney's fees, and get her back into the house permanently in the long run.  I have made it my mission in life to see this guy get what he deserves. 

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Divorce can have significant consequences on your credit report.  Those seeking an Alabama divorce should be aware, or should be made aware by their Alabama divorce lawyer and attorney, of the sometimes significant havoc divorce can play on your credit report.  If your ex-spouse or soon to be ex-spouse has opened up any credit accounts using your name without your knowledge or consent, that is identity theft.  Identity theft is a serious criminal act, and your chances of "winning" a nice divorce settlement just shot through the roof.  If you are both listed on a card that either spouse continues to use, you will likely still be liable for charges.  Post divorce credit problems can usually be avoided by closing the joint accounts.  However, your credit can be interwoven with your ex-spouse for a long time.  Check out this excerpt from a U.S. News and World Report Article below:

"The Federal Trade Commission warns divorcing couples that the divorce decrees they negotiate, such as a commitment that one ex-spouse will pay off credit card debt, does not absolve the other ex-spouse from responsibility from the perspective of the credit reporting agencies. Creditors can still demand payment from the other spouse, which can negatively affect credit scores if it goes unpaid."

Thanks to the Moschetti law firm's family law blog for the tip. 

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There are times when clients ask me if I can stop their divorce from happening.  The short answer to this question is simple, no you cannot stop a divorce.  When one party is determined to get divorced, the other party can do several things, but they cannot stop the divorce from occurring.  You can slow down a divorce significantly, you can make the divorce hurt more and you can make it cost more, but you cannot stop an Alabama divorce.  The nature of modern divorce law is that anyone who wants a divorce can get one.  There has been steady criticism of this practice, many people correlating the no fault divorce laws with the rise in divorce rates.  However, in Alabama, and indeed, throughout most of the country, you cannot stop a divorce from happening when the other side is determined to divorce.

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Grandparents have the right to visit their grandchildren in Alabama.  Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:

• One or both parents of the grandchild have died
• The parents of the grandchild have divorced
• A parent of the grandchild has abandoned the child
• The grandchild was born outside a marriage
• If the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.

The courts will look to see if a grandparents visitation is in best interest of the child.  When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:

• The grandparents willingness to cultivate a relationship with the child and his parents
• The grandchild's preference
• The health of the grandchild
• The mental and physical health of the grandparents
• Any evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparent
• Any other relevant factors, including the preferences of any living parent

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My office tries to offer a different kind of Alabama divorce and family law legal service than most law firms.  We are available 24/7 to our divorce and family law clients.  We take the extra time to explain your rights and obligations, answer any questions you may have, protect your interests, and if necessary, prepare your case for aggressive divorce and family law litigation.  At the same time, we emphasize protecting your family from the stress and anxiety of divorce and family law matters. My office employs a staff school psychologist to help your child deal with the emotional upheaval that often occurs during a divorce.  We also promote mediation or other collaborative processes in order to limit the turmoil in your life as well. 

We are also different in the way our Alabama divorce and family law practice charges for our services.  We offer flat fees in many cases.  This is very unusual in most Alabama divorce and family law practices.  However, some times a flat fee is not practical.  Its like taking a car to a mechanic.  Your mechanic may be able to give you a rough estimate of the cost to fix your car, but until he gets under the hood and starts tinkering around, he often will not be able to give you an exact price.  We do try to fix fees for our clients so they will not get stuck with huge attorney's fees they were not expecting.  We find many of our clients really prefer the flat fee alternative.  We also accept major credit cards and offer flexible payment plans. 

Our Alabama divorce and family law practice is different.  We care about our clients and it shows in the way we emphasize the health of your family during divorce and child custody proceedings, our fee arrangements, and in our 24/7 service.  I challenge anyone to call my office and another law firm.  I bet you can reach me in the first call.  If you can't, leave a message at my office and the other firm's office.  See who calls you back first. 

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The Alabama Court of Civil Appeals recently held that prenuptial agreements signed the day before a wedding are valid, even though the wife did not read the entire document.   Michael Sherman, a great divorce lawyer down in Mobile, Alabama recently posted an informative blog post on the recent Alabama prenuptial agreement precedent.  Michael gives some excellent advice on what not do when signing an Alabama prenuptial agreement and I wholeheartedly agree with each point:

• Do not sign a prenuptial agreement without hiring an attorney
• And do not wait until the last minute

Failing to follow either point will likely result in waiving significant legal rights. 

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An uncontested divorce occurs when both parties have worked out the all the issues involved, i.e. property division, child custody, etc., and there is no need to go to court.  Uncontested divorces are a great way to keep divorce expenses at a minimum.  I know divorce attorneys who charge anywhere from $100 to $1200 for an uncontested divorce, plus filing fees.  I charge a flat $450 fee for an uncontested divorce, $500 if children are involved, plus filing fees.  It is possible to find divorce attorney's who charge cheaper rates for an uncontested divorce.  However, the time they put into your case will suffer dramatically.  My office will spend as much time as needed to get your Alabama uncontested divorce right and to make sure you are satisfied with the process.   I am available 24/7 to my clients, and I always return your calls within a couple hours.  I do not charge for phone calls and I do not charge excess fees for any extra time your case may take.  Pay close attention to these attorneys who advertise $200 dollar uncontested divorce fees, their practice may not focus on Alabama divorce and family law, they will almost assuredly take less time to make you comfortable with the process and answer all your questions, and you could end up paying more in the long run.  Almost without fail, these $200 dollar uncontested divorce lawyers are only charging you for one hour of work.  That means, if your case cannot be handled within a one hour office visit, you get charged more.  My office does not work this way.  When we say $450 for an uncontested divorce, we mean just that, no matter the extra time we take to answer your questions and fully explain the process. 

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The Huntsville Times lists several Divorce and Family Law related support groups that meet in Huntsville, Alabama.  Sometimes we all need a little help.  Part of being a Christian is willing to help your neighbor in need.  If anyone needs help finding divorce or family law related support groups throughout Alabama please call my office, and I will do everything I can to help you and your family find the support you need.  Divorce and family law issues can be really difficult to deal with emotionally.  My Alabama Divorce and Family Law office is here to help you in your time of need.  I will do anything I can to make your life just a little better.  You are not alone. 

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Is it is good idea for financial institutions to offer loans to cover Alabama divorce costs?  Financial companies in Japan are offering loans to cover the cost of a divorce.  The loans are an attempt to help individuals restart their life after a divorce and enable everyone to afford the often high costs of divorce, and child custody litigation.  In my opinion this is a very good idea.  It seems I am contacted almost daily by someone in desperate need of quality divorce representation that cannot afford my services.  I try very hard to take pro bono cases as much as possible, I have reduced my fees in certain situations, I offer payments plans, fixed fees, and I take credit cards in order to give people access to quality Alabama Divorce and Family Law representation.  However, despite my efforts to make these services affordable, I am forced to turn away many who cannot afford my Alabama divorce and family law services on a regular basis.  I think American financial institutions should offer legal fee loans on other kinds of cases as well, not just for divorce and family law.  In my humble opinion, everyone, even those without substantial monetary means, should have the same access to quality Alabama divorce and family law legal services. 

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A client called my office today seeking advice regarding a default judgment he received in Montgomery, Alabama divorce proceedings.  My client(Mr. X), received a default divorce judgment in Montgomery County after failing to respond to a divorce complaint within the required 30 day time period.  When you receive an Alabama divorce complaint, you only have thirty days to respond.  If you do not respond, a default judgment will be rendered against you.  This basically means that the pleadings in the divorce complaint are taken as true, and most times, the petitioner will get everything they seek in the divorce.  Thus, it is very important, if you wish contest any portion of the divorce complaint, that you respond within the time period allotted.

Fortunately, Mr X has recourse.  An intelligent Alabama Divorce Lawyer looks for any way he might be able to challenge the default judgment.  In this case, Mr. X did not receive notice of the divorce proceedings, and he has jurisdictional challenges as well.  Mr. X and his soon to be ex-wife, are military personnel and move around a lot.  Mr. X's ex, moved to Montgomery, Alabama from Indiana just two months after Mr. X filed for a divorce in Indiana.  Sneaky Mrs. X then filed for an Alabama divorce in Montgomery County after coming to Alabama and while the Indiana proceedings were underway.  Thus, an Alabama divorce court does not have jurisdiction over the divorce, and Mr. X can have the default judgment set aside on jurisdictional grounds.  Basically, the Alabama domestic relations or family law court, did not have the power to enter a judgment in this case.

Mr. X can also challenge the Alabama divorce judgment on grounds he did not receive notice of the divorce.  Every Alabama divorce petitioner must give notice of the divorce proceedings to the party they are trying to divorce.  If the divorce petitioner(the one who files the Alabama divorce complaint) does not give notice of the proceedings to the one they are trying to divorce, any divorce proceeding is invalid, and can be set aside. 

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Here at the Birmingham, Alabama Divorce and Family Law blog we have been following the trials and tribulations of Britney Spears as she engaged in a vicious custody battle with her ex-husband K-Fed.  Today, Britney lost her battle and lost custody of her children.  I pontificated in an earlier post that Britney would lose her kids if she continued to abuse alcohol and drugs, and she did.  This should be a warning to everyone going through an Alabama child custody dispute.  Do not give your ex-spouse ammunition in a child custody proceeding by taking alcohol or drugs. 

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