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

As Prince William and Kate marry today at Westminster Abbey, spectators around the world watched in anticipation and excitement as the royal event was broadcast to millions on international TV.  Statics are not on the future queen's side however, as three out of the four children of the current Queen have experienced less-than-royal relationships. 

As we previously discussed on our Alabama Divorce & Family Law Attorney Blog, prenuptial agreements come with a ring of bad press, mainly because of the celebrities who include this legal document as a prerequisite to marriage. And because it isn't seen as romantic. Trust us, neither is poverty.

The documents have now become mainstream and commonplace in American marriages.

Even our divorce lawyers in Birmingham are getting into the Royal Wedding Spirit.  While we wish the couple the best, we recommend to all who are getting married to consider a prenup agreement before tying the knot.  With the United States seeing roughly half of our marriages end in divorce, according to Divorce Rate, these agreements are now more important than ever.  Experts believe that Wills and Kate have a better chance of surviving a marriage as their relationship, in many ways, is a classic romance, according to Huffpost Divorce.

The two met at the S. Andrews University, where they lived together with housemates.  After an eight-year relationship and a close study of the requirements of joining a Royal family, Kate decided to accept Wills proposal.  The couple was faced with a small dose of trouble, as they broke up for a short while before getting back together.  The Queen is backing this marriage making it her priority that the royal infrastructure adapts to and supports the couple's needs.

A prenup may be in the best interest of Kate and William, even though it's not typically a British custom in marriage. Such an agreement can properly and rightfully protect both parties in the event of a divorce. 

A split in the marriage of the royal couple would not be like the split of any non-royal citizen.  In their split, they're not going to divide the country in half. Instead, they will focus on calculating an assessment of personal needs.  And when we're talking about needs, were talking about more than necessities.  These "needs" must meet standards of living in the marriage.  In the event of a divorce, one can't live in a one-bedroom apartment and the other in a palace.  The princess would be more likely to walk away with a multi-million pound property settlement, an appealing lump sum and child maintenance if there are children.

Dignity and long-term commitment has been common characteristics of the relationship history of this couple.  They seem to handle the media with grace rather than attention seeking.  The British public and the world at large are cheering on the happy couple and are wishing them a long, successful and happy marriage.

We have counseled clients who have been considering divorce, for many years now.  For many, it can be a new beginning. Our legal professionals will work hard to help you find your way through to a happier life with a compassionate approach and knowledgeable guidance.

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The former wife of Alabama football great Ken Stabler, Rose Stabler, was arrested last week in Baldwin County.  The jail log at the Baldwin County Corrections Facility reports that she is being charged with disorderly conduct, according to Fox 10. 

She posted a $100 bond and was released from the jail.

Our Birmingham divorce lawyers would like you to understand that until a divorce is finalized and your will has been rewritten, your soon-to-be ex has access to your personal assets should anything happen to you.  It is important to contact an experienced attorney if you're thinking about separation.

Disorderly conduct is a Class C misdemeanor.  A conviction of this charge can land a defendant in jail for a time period of up to three months, according to Alabama Live.   An arraignment date has not been set and Stabler reportedly plans on pleading not guilty.

Court records state that the couple separated back in 2001.  After their separation, the IRS said Kenny owed them nearly $600,000 in back taxes.  The debts forced the couple to liquidate their real estate to pay the tax debts.  One of the properties sold was Rose's home on Ono Island, back in 2008,  She was forced to sell the house to help pay off her ex husband's debt.

Another issue involving the proper separation of financial ties is beneficiaries and estate planning.

Separations and divorces often bring up the issue of your will and the beneficiary designations for 401Ks, IRAs, your life insurance and other documents where you may have named your partner as beneficiary, according to Forbes.

As most people leave a majority of their assets, if not all of them, to their spouse in their will, a divorce can throw estate plans into turmoil. 

In many states, you can completely disinherit your significant other only after a divorce is finalized, even if they've already been completely cut out of your will.

Typically, it is their right to inherit a percentage of your estate, in the event of a death, until you've been legally divorced.  It doesn't matter if you've completely disinherited them.

After your divorce is finalized, it is recommended that you completely rewrite your will.

It is important for you to consider changing your will and any other estate planning documents even before you enter the divorce process.  This will help to prevent you soon-to-be ex from having the ability to make financial and/or medical decisions on your behalf should anything happen to you.  Be sure to review your insurance policies, retirement accounts, annuities and other investments where applicable.  Make sure new beneficiaries have been named.

If you're currently thinking about filing for a divorce and would like to protect your assets, it is critical for you to contact an experienced attorney that can help you to cover every detail in the legal process.  A qualified divorce lawyer can help individuals navigate through the complexities of legal separation as well as divorce actions, which can be of great help during what is usually a difficult and emotional time for most people.

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You spent years setting up and running your business. But have you thought about securing your business from divorce?  Experts are now urging business owners to divorce-proof your business, according to Forbes.  This divorce-protection plan should be included as part of your financial plan, even if you never intend on using it in a divorce in Alabama or elsewhere in the United States.

Our Birmingham divorce lawyers urge you to take the proper precautions to protect your business from whatever misfortune it may encounter.  It's like homeowner's insurance.  While you purchase the coverage for your home you're hoping to never use it.  We urge you to make the same kind of plans to secure your company, even if you never intent to split from your spouse.  If the relationship were ever to spoil, you'd surely be glad you did.

The numbers don't lie, nearly half of all first-time marriages end in divorce. Never assume that it can't happen to you. 

This is, again, where the topic of a prenuptial agreement comes into play.  This document will detail the couple's expectations upon a divorce, specifically property rights.   Prenuptial agreements must be executed voluntarily without coercion and in writing.  All assets and liability must be included in the document.,  There is no hiding any information in these types of agreements.

Didn't create a prenuptial agreement before the wedding?  It's okay, you can always form a postnuptial agreement.  This is a document that a married couples can put into effect after the vows.  A postnup should include the same intricate and important details as the prenup.  Be careful though,  a postnuptial agreement can be harder to get the court to recognize. 

The problem with a family business is that it is often the biggest asset in a divorce. And what can't be split, often ends up being sold.  It is for this reason that anyone going through a divorce involving a family business should contact an experienced divorce attorney at the earliest possible stage.

There are a number of other ways to protect a business, either before or during a marriage. Planning is the key. Planning and the willingness to protect against that which you hope never occurs.

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As divorces become more and more common, more and more people are suffering substantial losses without proper protection.  We often see reports of celebrity divorces in the tabloids, and it's surprising that more of these famous couples don't have prenuptial agreements, considering the amount of money and property they possess.   Last year, as Kelsey and Camille Grammer's divorce went public, the Frasier star reportedly was ordered to pay $50 million to his wife of 13 years in a divorce settlement, according to MSNBC.  Meanwhile, Katie Holmes and Tom Cruise's 2006 marriage agreement awards Holmes with $3 million for each year they are married. 

While many of us will never reach settlements similar to those of popular celebrities, our Birmingham divorce lawyers still urge those thinking about marriage to consider a premarital agreement if significant assets are at stake. Failure to do so can result in tremendous losses during a contentious divorce battle.

Half of all marriages end in divorce, and yet most enter into the union with nothing but a ring and a promise. Meanwhile, we don't even buy a car without a written contract.

A prenuptial agreement can be less hassle than you think and can provide for some much needed security and peace of mind.  To get started, you would typically want to look at business, inheritance, property and earning potential details.  Liabilities can include anything from credit-card debt to student loans.  These liabilities are sure to affect the couple both during, and potentially after a marriage.

 As previously discussed on our Birmingham Divorce Lawyer Blog, Alabama divorce was at a rate of one-third higher than the rest of the country.  As divorcestatictics.org reports, between 40 and 50 percent of first-time marriages end in divorce.

Here are five simple steps to help you figure out if a prenup is right for you:

-Discuss the matter long before the wedding.  It is advised to discuss these matters as early as six-months to a year before the big day.  Make sure both parties have time to review it. 

-Leave your emotions behind.  When discussing one of these agreements, focus strictly on numbers and assets.

-Having problems starting the conversation?  Start it off with a small conversation about taxes.  No matter what you use to bring up the important topic, just make sure you do it.

-Be sure that your agreement is enforceable and reasonable.  Establish goals and lay out exactly what each spouse gets in the event of a separation.

-Be sure to consult an attorney.

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A proposed law before the legislature would require judges to award equal time to both parents in most Alabama child custody cases, according to The Huntsville Times.

Many divorce lawyers in Birmingham and elsewhere recognize the need to do more to ensure both parents remain a part of a child's life, whenever possible, and whenever it's in the best interests of a child. Alabama divorce law already favors joint custody, at least officially. The problem is that far too many judges award primary custody to one parent -- falling back on the old every-other-weekend, rotating holidays and two weeks in the summer for the other parent, typically the father.

From a standpoint of father's rights, more needs to be done to ensure their relationship with their children is not stunted by antiquated custody arrangements. The problem with the current proposal is that it attempts to outline mandates, which will too often not be in a child's best interests unless a judge has the final say.

The proposed Alabama Children's Family Act  (Senate Bill 196 and House Bill 316) would require equal parenting time unless one parent is deemed unfit. Divorcing parents would be required to create a parenting plan designating the custody arrangement. If the parents can't agree, the judge would order joint custody with equal time regardless of where the parents live.

Joint custody can be the ideal arrangement -- if both parents want it -- in cases where parents live near each other and are in the same school district. In other cases, it is not in a child's best interest. Critics of the current proposal argue that it seems to address what is in the best interest of the parents, not the child.

Twenty nine percent of families with children are headed by single parents in Alabama. And the state now has the fourth-highest rate of divorce in the nation. Madison County alone handles more than 1,700 divorce cases each year.

The proposal would also allow material gifts to count toward child support and would create an every-other-year arrangement to designate a parent responsible for making major decisions in a child's life. It would also raise the burden of proof in determining whether a parent is unfit -- requiring "clear and convincing evidence"

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Are you going through a Birmingham divorce and suffering though the burden of a joint loan gone bad?  If you co-signed a loan for your ex before the big split, it is important to seek the help of an attorney to avoid taking the wrap and suffering the consequences of a former spouse's irresponsibility.

A Birmingham divorce lawyer can be one of your best resources in such situations.  Whether you're in Tuscaloosa, Gadsden or Huntsville, it is important to seek professional assistance to help protect your financial future.

At the time that a loan is approved, completed and signed, it is considered to be a legal and binding contract.  You may be wondering if a divorce decree is the answer to free you from this nightmare.  You'd be surprised.  Although, the judge may declare your ex as the sole-member responsible for the debt, lenders will often still hold both parties, you and your ex, responsible.

If you're currently going through a divorce, it is important to close joint accounts and pay off balances as soon as possible to avoid future debt and financial headache, according to Auto Credit Express. 

There is always the option of having your ex refinance, which could possibly eliminate your responsibility from the loan.  Problem is, your ex may not qualify without you.  It is more difficult for a single person to qualify for refinancing than it is for a couple.

If payments are missed or property has been repossessed, credit bureaus will still aggressively pursue both parties -- leaving your credit score and future credit worthiness at the mercy of your ex's future payment history.

Ultimately, it is most important to remember that a divorce may not always clear your name from the financial obligations of a loan that you may have co-signed. Seeking the advice of an experienced Alabama divorce attorney is your best option. Tackling such issues on the front end is much easier than being blindsided on the back end.  

Consulting a lawyer can help you sort through your legal options when it comes to protecting your future financial reputation.

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It is not unusual for married couples to hold off on divorce until large financial obligations are settled -- until a house is sold or a child is out of college. It is also not uncommon for them to stick together during a down economy.

The 2007-09 recession may have caused couples to join forces to get through the longest recession since the Great Depression of the 1930's, according to Brad Wilcox, a sociology professor and director of the National Marriage Project at the University of Virginia.  Birmingham divorces often involve financial strain. But, as the national trend suggests, a severe recession may have delayed many Alabama divorces. Experts believe that trend has started to reverse itself as the economic recovery gains momentum.

A Birmingham divorce lawyer should be consulted at the earliest stages of a contemplated divorce. Our office represents clients across Alabama, including Montgomery, Huntsville, Fairhope and Fort Payne.  We understand that separation and divorce is often an emotional and uncertain time. Financially, it is a precarious time. Those who fail to properly protect themselves during a divorce may never regain the same standard of living they enjoyed as a couple. Consequently, rushing through a divorce or going along to get along (and get out) is typically not the best course of action.

"There's a sort of pent-up demand for divorce after people get through tough times," said Wilcox. "We saw that in what happened after the Great Depression, when the Depression lifted and divorce increased toward the end of the 1930s."

The Republic recently reported a scenario that is all too common in such cases. A wife had taken many steps to save the marriage -- and it came the point where a pending divorce was no secret.  Leading up to the decision were many poor financial choices made by her husband.  He chose to secretly dip into their home equity to buy some apartment units during the real-estate boom, for example. The notices piled up, as loans were not paid, and the couple's finances crumbled.  They had chosen to file for bankruptcy.  Once that problem was settled, she took on her next obstacle -- divorce.  It is expected to be finalized this spring.

"I think a lot of people who are in troubled marriages have been waiting until the dust settled from the financial crisis," said Dennis Nolte a financial planner from Winter Park, Fla. "When people start feeling a little more comfortable about the economy, that is when they decide whether now is the time to move toward divorce."

Accordingly, it is not your spouse you should first inform about your intentions -- it's your divorce lawyer. It can be much easier to gather financial documents and take other steps to protect yourself before your plans to divorce your spouse are out in the open.

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Friends are supposed to help friends in their greatest time of need, but would you know the best way to console a friend going through a Birmingham divorce?  CNN Living recently offered men and women the best ways to help a divorcing friend or loved one.

Birmingham divorce attorneys are also here to help you and your friends through the emotional, and sometimes confusing, legal process of a divorce as well.  Too often, divorce attorneys are seen as fulfilling an adversarial role, and of course we do that when necessary. But we are just as often able to keep unnecessary or counterproductive emotion out of a divorce case, and thereby help a client to satisfactorily close that chapter in his or her life and move on.

According to divorcerate.com, roughly half of marriages end in divorce.  Second and third marriages are statistically less successful. Chances are you know someone that is currently going through a divorce, but do you know the best way to help them through their emotional journey?  Too often, friends, neighbors or loved ones may practice avoidance because they don't know what else to say. This is unfortunate because someone going through a divorce is in most need of close friendship.

CNN Living offers you these tips that you can use to help your friends who may be going through a divorce: 

-Be there for your friend not only for emotional support but for health support as well.   Cook for them, or pick them up something healthy to eat.  Bring something over or invite them to dinner.  They're sure to enjoy the company, and some fresh air.

-Don't be afraid to get silly.  Send them goofy cards or a funny e-mail.  Even if they don't open them, they're still sure to know you're thinking about them.  When they do finally get around to your mail, they're sure to be grateful for the distraction.

-Get them out of the house.  Ask, ask, ask!  No matter how many times your friend may refuse a walk in the park, a movie at the theater or a stroll through the mall, it is important to continuously offer the option.  While they may seem agitated at first, it will surely pay off once they're out of the house and focusing on something else. And the mere invitation can do wonders, whether or not they are up for a social outing.

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