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

As a Birmingham divorce and family law attorney, I have counseled many clients on the pros and cons of legal separation and divorce. Here in Alabama, the frequency of divorce is still the highest in the nation, but overall the rates of separation and divorce in cities such as Birmingham and Montgomery mirror that of the rest of the U.S. -- according to reports, people are divorcing less frequently than ever before. But why is this?

As an Alabama divorce lawyer, I've heard a number of theories. Some suggest that folks are just not getting married as often. Instead, couples are choosing to together -- this may be true, since research has proven that the number of couples living together has increased by a factor of ten since 1960.

Another school of though is that many married couples include a higher percentage of college educated people. The thinking here is that in such families both parties may work, reducing financial stress, and allowing the couples to remain married. Finally, some sociologists suggest that in some parts of the country the stigma of being divorced has increased, which may force couples in these areas to work harder to stay married. This may have a significant impact on some, but the media may also be a factor.

As we have seen on TV, in the newspapers and online, more and more politicians, celebrities and other famous, high profile people who have revealed their indiscretions also seem to have spouses who are willing to “stick it out” to make the marriage work.

We’ve seen it here in Alabama and in our nation’s capital. Folks like South Carolina’s Governor Mark Sanford, former presidential candidate John Edwards, and recently resigned Tennessee Senator Paul Stanley. In each case, either the man or his wife said they planned to work on saving their marriages. Now, data on divorce and infidelity suggest that something similar is happening between lesser-known couples more often than people suspect.

While the divorce rate appears to be down, the percentage of married people who report having cheated on their spouse has remained about the same. While sociologists and demographers offer a variety of possible explanations - including a decline in the number of married people and people waiting until they're older to marry - many point to the economic downturn to explain how spouses respond to infidelity.

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Divorce strikes every socio-economic group, every religion and every race. Here in Alabama, be it Birmingham, Montgomery, Huntsville or Mobile, and thoughout this great country of ours, legal separation and divorce also plagues our military personnel. Serving the United States of America is one of the greatest honors an American can experience, but being a part of our armed forces also requires great sacrifice. Tours of duty in faraway and often hostile lands put great strains on married couples and the families of these dedicated soldiers.

As a compassionate Birmingham family law and divorce attorney, I’ve seen the heartache of divorce firsthand. No one wants to go there, but as hard as it is to hear, divorce remains a fact of life for many of our service men and woman. Every branch of the U.S. Military has its share of sad stories of families torn apart. My job, as an Alabama divorce lawyer is to make certain that the process is as simple and pain free as possible, while keeping my client’s best interests at heart.

An important point to remember, as a member of the military seeking a divorce, is not to use the same attorneys that assisted your civilian friends or relatives. This is because military personnel and their spouses are subject to a special set of laws that don't apply to ordinary divorces. Furthermore, military divorces are complicated by the physical distances between the parties, especially if one or both spouses are on active duty and stationed overseas or in another state.

For these reasons alone military people need a divorce attorney with special expertise in the state and federal laws that apply to military divorce. My office offers assistance to military personnel in Alabama from all branches of the service, as well as their spouses. This includes divorces between couples who live permanently in Alabama and those stationed in Alabama, as well as representation of people who can't be physically present in Alabama.

Occasionally, these individuals have special circumstances, due to their military service. One of the unusual aspects of military divorce is that these families tend to move frequently and may have a choice of states in which to file -- this allows them and their attorneys to choose the state whose laws best fit their situation. This can make a huge difference in the outcome of a divorce settlement.

From the complications of serving a spouse with divorce papers, to determining support, alimony and property division, choosing the proper divorce lawyer for your personal situation is critical. This is why I always tell fiends and family who have loved ones serving in the U.S. Military to be mindful when contemplating divorce or separation. Your future happiness and welfare could be on the line.

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While it is never an easy decision, there are many good reasons for getting a divorce in Alabama. Whether you reside in Montgomery, Huntsville, Mobile or any one of the dozens of small towns throughout our state, financial matters and basic incompatibility are common complaints leading to separation and divorce. But as a Birmingham family law and divorce lawyer, I can easily say that domestic abuse, either between the two marriage partners or between one of the parents and the children, is by far the most serious reasons behind any divorce action.

Child abuse is particularly awful. In Alabama, physical abuse as it pertains to children can mean several things. Per Alabama Code 26-14-1(1)-(3), physical harm or threatened harm to the health or welfare of a child can be through:

1. Non-accidental physical injury
2. Sexual abuse or attempted sexual abuse
3. Sexual exploitation or attempted sexual exploitation

The state statutes also provide for emotional abuse, which is defined by Alabama state law as being non-accidental mental injury.

Similarly neglect, according to the state of Alabama, is defined as the negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision. It is important to mention that Alabama provides an exception to the area of neglect in Alabama Code 26-14-7.2, which states that a parent who fails to provide medical treatment to a child due to the legitimate practice of religious beliefs shall not be considered negligent for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child.

Finally, sexual abuse is one of the most egregious offenses that a spouse can perpetrate on another family member, especially a child within the family circle. In Alabama, child sexual abuse includes the flowing:

1. The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in any sexually explicit conduct, or
2. Having a child assist any other person to engage in any sexually explicit conduct
3. Any simulation of the conduct for the purpose of producing any visual depiction of the conduct
4. The rape, molestation, prostitution, or other form of sexual exploitation of children
5.  Incest with children

In general, sexual exploitation is defined as allowing, permitting, or encouraging a child to engage in prostitution; allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.

No matter what your situation -- separation, contested divorce, mediated divorce, etc. -- choosing a qualified family law and divorce lawyer is the first step to a better life for you and your children. Don’t settle for just good enough when it comes to your future happiness and security. Do your homework and choose your divorce attorney wisely. For more information on child welfare issues, visit the U.S. Department of Health and Human Services' child welfare website.

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Having handled all manner of adoptions in Birmingham, Montgomery and other Alabama cities and towns, my experience in this area is rather extensive. As an Alabama lawyer with a successful family law practice, I am always pleased to assist in the joyous occasion of a family adoption. Whether you are going to be new parents, or if you already have children and are adding to your brood, I can offer my own personal and professional insights into this specific area of the law.

As with every adoption, there will always be a large amount of paperwork. An attorney can help make all those forms -- whether it is for a domestic or international adoption -- much more manageable and understandable. One of the more common adoptions is the stepparent adoption.

Stepparent Adoptions
This kind of adoption usually involves one spouse adopting the child of the other spouse. Many times, a parent of a “blended family” must adopt a stepchild in order to provide insurance coverage under his or her employer’s or other medical insurance plans. With this kind of adoption, the expenses incurred during this process can provide tax advantages.

A stepparent adoption can also be brought about so as to provide a legal parent for a child whose biological parent is no longer a part of the child's life, such as if the biological parent has abandoned the child or died. In either case, from the child’s standpoint, a stepparent adoption sends a strong message that the young person will be loved and wanted. This is a lifelong commitment that demonstrates that the family is completely united, not to mention that the child’s needs and care will always be provided for.

If your pending adoption is domestic or international, employing a family law attorney can help you avoid the pitfalls that sometimes catch parents unaware. Occasionally, when a couple is just about to become the parents of an adopted child, a problem with the paperwork, the Court, or the biological mother can throw a monkey wrench into the works. Having an attorney on hand from the very start will mean that you will be in the best possible position to try and make things work out for the best.

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