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

A new study from Ohio State found that a woman's employment status has no bearing on whether or not her husband will initiate a divorce, but if a man is out of work, it is more likely he and his wife will opt for divorce, The Globe and Mail reports.

Divorce in Alabama can be the result of many different factors, but economics are surely at the top of the list. And the effects of the Great Recession are hitting home in our state. The Birmingham News recently reported that the state's unemployment rate jumped from 9.3 percent to 9.6 percent in May. The April tornadoes may have contributed, officials said. Birmingham Divorce Lawyers have seen how economic troubles can send a couple spiraling toward divorce. And we strive to take the emotion out of this process as much as possible if that is the decision the couple has decided to make.

The unemployment numbers in Jefferson County are 9.2 percent, while it is 8.8 percent in Birmingham. The newspaper also reported that there were nearly 46,00 unemployed residents in the Birmingham metro area, up more than 2,300 from April to May. So, obviously the economy is affecting many people in Birmingham and throughout Alabama.

And the new study, which is scheduled to be published in the American Journal of Sociology, looked at more than 3,600 couples from the U.S. National Survey of Families and Households.

The study's authors found that when a woman is unemployed, it has no effect on the likelihood that her husband will choose to leave the marriage. But when the man is unemployed, not only is his wife more likely to want a divorce, it's also more likely that the man himself will choose to end the marriage. That even counts for men in relatively happy marriages, the Globe And Mail reports.

The study suggests that marriage in which a man doesn't work "does not look like what (men) think a marriage is supposed to." So, while it may be acceptable for women not to work, not so for men.

And divorce in Alabama is especially high. Alabama Divorce & Family Law Attorney Blog reported recently that Alabama has the third-highest divorce rate for men and fourth highest rate for women. According to 2009 data, about 21,000 Alabamians were divorced that year.

Divorce can be a heart-breaking and emotional situation. It can also be a new beginning and a new lease on life. Taking a courteous approach and taking into consideration that feelings, emotions and children are involved may be the best approach. And, sometimes, divorces are contentious and require aggressive representation and protection of your rights.

Our firm has spent years representing clients throughout Alabama and doing it in a way that is best for the children and each party. Protecting assets and helping to secure a strong financial future are our priorities and we will do what we can to make sure your rights are protected and the case is resolved as amicably as possible.

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Former California Governor Arnold Schwarzenegger recently returned to Austria and sources say that he has been paying child support even before he and Maria Shriver have officially filed for divorce, the Daily Mail reports.

Child support in Birmingham can be contentious because financial matters are important as a couple divorces and tries to move forward. So, hiring an experience Birmingham Divorce Lawyer is crucial to making sure all financial areas of a divorce are properly hammered out.

As previously reported by Alabama Divorce & Family Law Attorney Blog, the actor and his wife split after 25 years of marriage. At first, the public wondered why the couple, who has four children, ages 13 to 21, would suddenly break up. But news quickly surfaced that Schwarzenegger, famous as a politician and as an action movie star, had fathered a child 14 years ago with a worker in the family's California home.

The Daily Mail reports that as their lawyers continue working on a divorce settlement in advance of the divorce being filed, Schwarzenegger has been paying for his sons' private school bills. The newspaper reports that Shriver's lawyers are working to get a full estimation of his worth.

What couples entering divorce should consider is that every child has the right to be supported. But determining how much money is paid, who gets the money and the consequences of not paying are all important factors.

In Alabama, the court will consider several things before calculating child support payments. First, all relevant income of the parent ordered to provide child support is the first factor. If unemployed, the court will base its calculations on past earnings, likely future earning, the parent's education and other factors. The court may also take into consideration other factors as well.

Temporary child support orders may be put into place as soon as one spouse files a petition for divorce. It will remain in effect until the final divorce settlement. And the only way to terminate child support obligations is if the parent paying child support gives up their parental rights or if the parent receiving support abuses the child.

The court will not act as a monitoring agency for child support payments, but does have the authority in some cases to garnish wages or send a person to jail if they fail to make child support payments. Sometimes, an outside government child support agency can monitor these situations, but it is the parents' duty to govern this area.

Keep in mind that child support issues largely revolve around which parent gets custody after a divorce. So, making sure you hire an aggressive Birmingham Child Custody Lawyer is an important step to making sure you are able to have influence on and a strong relationship with your child after divorce. The court will take into consideration what is in the best interests of the child or children, so putting together an impressive array of information and witnesses is essential in persuading the judge in your case.

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The FBI recently arrested and dropped charges against a man who told a Facebook user he wanted to kill his wife, knowing that it was his wife who created the fake account to monitor him, The Smoking Gun reports.

As social media sites like Facebook and Twitter permeate our society, it is critical that you watch what you post or say if you are in the middle of a Birmingham divorce. Just as Birmingham Divorce Lawyers use these sites to search for evidence in contested divorces, your soon-to-be former spouse and his or her friends do as well.  Anything you say can be used against you, so be careful.

In the instant case, a man and woman going through a child custody battle in Indiana began playing games with each other, which, as evidenced by the fact that their story went national, shows how easy it is to find out what you're saying online.

The ex-wife created a fake Facebook account of a 17-year-old girl and the man, knowing that the account was fake, told the "17-year-old" he had placed a GPS device in his ex-wife's vehicle to monitor her movements. He also told the Facebook user of his desire to "find someone to take care of" his ex-wife and perhaps someone at the girl's school would do it for $10,000.

After the ex-wife contacted authorities, the FBI swooped in and arrested the man, keeping him in custody for four days before freeing him after he proved he knew all along that it was his ex-wife and that he played along to use her tactics against her in their child custody case.

The mess is an extreme example of the lengths parents can  go to to get a successful child custody ruling. But it also shows how cautious people should be when dealing with divorce. It would be prudent not to mention going on an expensive vacation, going out drinking on the town or your new boyfriend or girlfriend.

Any of these, or a list of other comments, can be used by your ex-spouse or their lawyer in convincing a judge you aren't a fit parent, lied about your finances or a host of other issues. It's easier than ever for this type of information to make its way into a courtroom and ruin your chances of a favorable ruling.

When a divorce can't be settled through cooperative measures or a pre-planned agreement between the parties, it's possible that the proceeding will be a Birmingham contested divorce. This sometimes requires more preparation and the additional support services and care that our firm provides our clients. When divorce is especially nasty our firm does all that we can to provide psychological support to help ease the already stressful situation our clients face.

Divorce can be difficult, so hiring an experienced law firm to make sure not only that the best interests of your finances are addressed, but also that you get the best possible resolution regarding the custody of your children is key.

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The Anniston Star recently reported that a senate bill, which would have taken away much of the court's discretion in deciding custody matters of children in Birmingham divorce cases, was put off when lawmakers were sent home until next legislative session.

Child custody issues are among the most bitterly contested points that Birmingham Divorce Lawyers see because many parents going through a divorce are more concerned with being able to see and influence their children than their own financial stability. And for that reason, our divorce lawyers use their expertise to take the emotion out of a divorce, study the case and do our best to ensure our clients are able to see their children as much as possible after a divorce is settled.

The newspaper highlighted the case of a father who said he pays child support and after getting divorced, agreed to weekend visitations, assuming that as his 2-year-old son gets older he will be able to modify the court order. But the man said his ex-wife, who has custody of their son, has disappeared recently, changing phone numbers, quitting her job and leaving town.

The man blames Alabama's lopsided child custody laws, which he said favors mothers over fathers. Supporters of Alabama Senate Bill 196, which would have taken away much of the court's discretion in these types of cases, said it was a step in the right direction.

The legislation, previously discussed in Alabama Divorce & Family Law Attorney Blog, would have required judges to award equal time to both parents. Many father's rights groups believed the bill, if it became law, would have helped to equal a perceived bias against them and ensure their relationship isn't stunted by antiquated custody arrangements.

The bill would have penalized parents who were deemed unfit, but divorcing parents by and large would have to create a custody arrangement. Without an agreement, the judge would order joint custody with equal time.

According to the Alabama Department of Human Resources, 29 percent of Alabama's families in 2000 were headed by a single parent. That's compared to 27 percent nationwide. Also, 40 percent of children whose fathers live outside the home have no contact with them and of the other 60 percent, they see their children an average of 69 days each year.

Currently in Alabama, the law recognizes three forms of custody -- temporary custody, legal custody and physical custody. Temporary custody is entered by the court at the time of a divorce filing. Legal custody is ordered when the final marital agreement is entered and courts look for parents who cooperate to determine what decisions will be made for children. Physical custody determines where the child will actually live and how often the child or children will see the other parent.

These are obviously important matters to parents and the 50-50 custody bill, also known as Alabama Children's Family Act, will make it much easier, if lawmakers decide to continue pursuing it. While the court should retain final discretion in such cases, evening the playing field for fathers would be a positive step in the right direction.

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While there's no doubt that divorce in Alabama can be emotionally trying, not handling it properly can result in years of financial problems that could have been prevented up front.

Creditcards.com offers seven post-divorce money mistakes in a recent column.

Birmingham Divorce Lawyers have dedicated years to helping people going through a divorce, which can be especially difficult when children are involved. But making sure that taxes in a Jefferson County divorce are handled correctly, for instance, can save you headaches in the future. Consulting with an experienced attorney can help assure that after the divorce is finalized the spouse will be able to move forward and not have to worry about revisiting this tough situation in their life again.

One commonly considered area of the divorce process is whether child support or alimony must be paid. Those are crucial financial considerations that must be hammered out in a divorce case. But beyond that there are many other areas that should be addressed, such as making sure you preserve your assets, prepare for a change in how your taxes may be affected and properly splitting your assets.

Starting over by maintaining a separate household and paying child support can be financially strapping and letting emotionally driven expenditures hurt your finances is a common, but avoidable, mistake. Taking hold of your finances during the divorce process can save you time and money -- and years of rebuilding your quality of life.

Let Birmingham Divorce Lawyers help you figure out what terms of the divorce must be secured in order to make sure you don't face unnecessary struggle.  It's not often that you can go back and adjust the divorce, so getting it right the first time is critical.

Here are some common financial traps divorced couples fall into after a split:

Ignorance: Some divorcees believe that because divorce documents spell out who must pay to what account, lenders don't care; in reality, they can go after both spouses.

Delusion: if you leaned on your spouse for income during the marriage, your cash flow may change and so must your expenditures. Especially with children involved, parents sometimes try to keep the standard of living in-tact.

Neglect: When a couple owns a home but doesn't remove the other's name from the documents and decides to stop making payments, it can ruin the credit of the other spouse.

Revenge: Wanting to ruin an ex by charging up the cards is a frequent response to betrayal, but it can leave the spender responsible for the balance. And closing out credit cards in a hurry can hurt your credit, so be wise.

Beauty: If one of the spouses has been dumped for a newer model, splurging on beautification could end up just leaving one spouse with a bunch of liabilities.

Competition: When one parent after a divorce can afford better things, the less-wealthy parent sometimes tries to keep up. But this can lead to bad debt and buying the kids' love won't work.

New Love: Getting sucked into a rebound relationship can be pricey, especially if one is tempted to loan out money to a new fling.

An experienced attorney can help you avoid most of these common pitfalls. Too often, a divorcing party sees the hiring of an attorney as stoking the fire. In reality, an attorney can protect your rights while keeping as much of the unnecessary emotions as possible out of the equation.

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A new study shows that single moms entering midlife may experienced significantly more health issues, The Houston Chronicle reports.

Our Birmingham Divorce Lawyers have seen how difficult it can be on parents going through a divorce. That's why we aim to do as much as we can to decrease the psychological impact and reduce the emotion that comes from divorce proceedings. An Alabama divorce can cause depression and other psychological problems and it is our goal to provide the support needed to get through this difficult time.

The study, which appears in the June issue of the American Sociological Review, found that woman who have their first child outside of marriage described their health as poorer at age 40 than did other moms. About 40 percent of all births in the United States occur out of wedlock, compared to less than 10 percent in 1960. The study suggests that there will soon be a population of single mothers who suffer from middle-aged health problems. According to the Centers for Disease Control and Prevention, there were nearly 1.8 million children born to unmarried women in 2008.

The study suggests that Hispanic woman tend to have less negative health consequences at age 40 than white and black women. The study noted that it may be because many Hispanic women live in cohabiting relationships that resemble marriage. They may also be part of large families that provide support.

The Chronicle article also mentions a study regarding the impact a divorce can have on the children, which was recently reported in the Alabama Divorce & Family Law Attorney Blog. That study found that children in divorces have lower math scores and suffer from interpersonal skill deficiencies compared to their peers.

There's no doubt that divorce can have a profound impact on not only the parents, but also the children. Whether a single mom, single dad or a couple with many children, divorce can be tough. That's why with a background in religion and family dynamics, this law firm is equipped to help the family adapt to this radical change in lifestyle. A child school psychologist is available to help children adapt to the big changes in their lives.

Birmingham Divorce Lawyers aim to work collaboratively with the other spouse so that the best resolution with the least amount of turmoil is possible. This can often be achieved through divorce mediation or collaborative divorce proceedings.

In both of these scenarios, the former couple works together to resolve the divorce rather than require divorce litigation in contested divorces. Collaborative divorces are now commonplace, but have traditionally been chosen by couples with children because it doesn't require court intervention, hearings, judges' orders and time wasted waiting at a courthouse.

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A recent study found that children of divorce lag behind in math test scores and interpersonal social skills and are more likely to suffer from anxiety, loneliness, low self-esteem and sadness, U.S. News & World Report says.

Birmingham Divorce Lawyers know how difficult a divorce, especially one involving children, can be on a family. Our firm works to lessen the psychological impact that a divorce or other family law matter can have on the family. With years of experience handling divorce law in Alabama, we understand that hiring the right lawyer to handle this type of sensitive case is imperative.

According to the story, the study by a University Wisconsin-Madison doctoral candidate found that children usually don't fall behind their peers until after a divorce. And while the negative impacts don't worsen years after the divorce, they tend not to catch up to their peers, either.

The study, published in the June issue of the American Sociological Review, suggests that children may be stressed by a parental blame game or child custody conflicts, which can be compounded by a lack of stability when he or she is shuffled between households. Parents' depression and stress caused by a drop in income are also factors.

While math scores can drop, it appears reading scores are not affected. And while interpersonal skills can be harmed, children don't seem to be at a higher risk for "externalizing" behavior, such as arguing, getting angry or fighting.

Birmingham Divorce Lawyers understand how important the handling of child custody in divorce cases is. Custody and visitation in Alabama is generally broken down into three categories: temporary, legal and physical. Judges are encouraged to order joint custody, but they may deviate if it is in the child or children's best interests.

Temporary custody is an order entered by the judge when the couple files for divorce. Once the final marital agreement is ordered, it will include orders for legal and physical custody. Legal custody means that both parents make the major decisions that affect the child and judges will be looking for a cooperative attitude by the parents in this regard. Physical custody determines where the child will live and when the child will see the other parent.

Obviously, all of these decisions are crucial, not only to the well-being of the child, but also to the parents who will have to abide by the decisions by the court. That's why having a proactive divorce attorney who will work to create the best environment for the parent and child is so crucial.

Our firm is also proficient in handing matters of child support and alimony, both of which can be factors in a divorce proceeding. As outlined in the Child Support Guidelines Rule 32, child support can be calculated by current income or potential for future earnings.

These are all important matters, not only for the well-being of the child, but also for the financial stability of the parent. Trust Birmingham Divorce Lawyers, who will do everything possible within the law to present your best interests.

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