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

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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Well, I guess sociologists will study anything these days. And in a new one, researchers have found that women who are sexually active early in their adolescence, specifically before they're 16, are more likely to divorce, The Huffington Post reports.

There are many factors that go into an Alabama divorce. Some may be on-the-surface issues, such as a marital affair or financial troubles that cause strife and bitterness. Other factors may be deeply rooted and come from generations of psychology. Regardless, it can be a difficult decision and a tough process and one that an experienced Birmingham Divorce Lawyer should be called on to handle. Through years of experience helping all kinds of people through the process, this firm is able to tackle any issue that may arise in a divorce proceeding.

According to the article, University of Iowa researchers used the responses of 3,793 women who are married or have been married at some point in their lives from the 2002 National Survey of Family Growth to examine the relationship between the age in which they had their first sexual experience and the success of their first marriage.

Among the findings were that 31 percent of women surveyed who lost their virginity as teens divorced within five years and 47 percent divorced within 10 years.

On the flip side, the divorce rate for women who had waited to have sex was only 15 percent at the five year mark, with it only reaching 27 percent in comparison within 10 years.

The study also found that a first sexual experienced before 16 -- unwanted or not -- was a strong association to divorce. The study didn't affect the divorce rate among men who lost their virginity in their teens.

"If the sex was not completely wanted or occurred in a traumatic context, it's easy to imagine how that could have a negative impact on how women might feel about relationships, or on relationship skills," said the study's author, Anthony Paik. "The experience could point people on a path toward less stable relationships."

The newspaper also did a follow-up story with questions for the study's author about some definitions in the study, surprising findings and other trends here.

Regardless of the reasons, divorce can be a tricky process. For one, many people get accustomed to married life and don't consider the sacrifices that must be made when going through a divorce. Separate lives means separate bills, separate income and perhaps a tough situation with children, if there are any.

But hiring an experienced Alabama Divorce Lawyer is critical to make this process go smoothly. Hiring someone who knows the law, who has the experience to help you and has the compassion to help you through the process is important.

Taxes after divorce, splitting assets and determining where the children will live, when each parent will see them and how critical decisions will be made are important factors. It's possible that a cooperative or collaborative divorce process may occur, depending on how friendly each side is, or more difficult divorces may require a contested divorce and litigation. How aggressive the case must be depends on the client and the circumstances.

But the No. 1 goal is a fair and equitable outcome for the client and the protection to move forward in sound financial order, if possible. We work hard to handle all areas of the divorce so the client can seek a new life both emotionally and financially.

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A federal appeals court recently ruled that benefit administrators don't have the right to decide whether employees' divorces are real or fake, in a case that involves Continental Airlines, The Associated Press reports.

Divorce in Alabama can be an emotional experience and one that no couple takes lightly. The last thing they need is their employer weighing in. There are many factors to consider in these kinds of cases, such as child custody, the splitting of assets and debts as well as how to protect against taxes that may be levied after the fact. For these reasons, relying on an experienced Birmingham Divorce Lawyer is critical.

In this case, a group of Continental pilots were sued by the airline, which claimed they got "sham" divorces so their ex-spouses could tap into their lump-sum pensions while they still worked for the airline. And then the couples got remarried.

The 5th Circuit Court of Appeals recently upheld a lower court ruling that employers can't consider or investigate why employees get divorced or whether the divorce is genuine. The appeals court dismissed the airline's 2009 lawsuit, which was filed in a federal court in Houston.

The nine pilots were fired or resigned and they are suing the airline for wrongful termination and for interfering with their pension rights. The pilots got divorced in states were domestic-relations orders assigned all or nearly all of their retirement benefits to their ex-spouses, who then demanded payment.

The divorces took place in the midst of the airline being bought out by United Continental Holdings, Inc. The divorces resulted in $10 to $11 million in pension payouts by the company.

The airline alleged the pilots were taking advantage of a loophole in federal law that allows payment of pension benefits to an ex-spouse before a worker retires. Continental argued that the pilots were worried the pension obligations would be turned over to the government, as other airlines did, leaving them with reduced benefits.

In this case, the pilots used divorce laws in different states to their advantage, fearing they would not be able to recoup the benefits they had spent years working to earn. But there are many other types of concerns for people who are seeking divorce not to find a loophole in the law but because their marriage is ending.

One of the most important factors to consider in a divorce is how much you may have to end up paying in taxes in an Alabama divorce. While "who gets the house" and "who gets the kids" may be the more prominent questions in a person's mind, working it out so that you don't get slammed the following year during tax season may be as important.

Splitting investments, determining who gets to claim the children as dependents on their tax forms and whether or not child support should be claimed are duties a Birmingham Divorce Attorney should take the time to explain and plan out. There are ways to protect assets, businesses and retirement plans in order to set up a financial future that is bright rather than one that is constantly dogged by a mismanaged divorce.

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A recent Wall Street Journal article delves into the lowering divorce rate throughout the United States, how people are getting married later in life and how if they get divorced, parents are more likely to settle a divorce without expensive and lengthy contested divorces in Alabama and elsewhere.

While the divorce rate is lower than in the past, those who go through a divorce in Birmingham understand the emotional toll the process can take. That's why Birmingham Divorce Lawyers are prepared to use years of experience and knowledge toward working on your behalf in a family split up. Not all divorces are peaceful and sometimes aggressive tactics are needed in order to secure a fair and equitable resolution.

It's true that about half of all marriages end in divorce. Still, divorce itself is at a low compared to previous decades because fewer people are getting married or they are waiting until later in life to tie the knot. In Alabama, consider the last 19 years of divorce rates per 1,000 total population, according to the Centers for Disease Control and Prevention:

1990 -- 6.1
2000 -- 5.5
2005 -- 4.9
2009 -- 4.4

It's obvious that the numbers are coming down and that's just since 1990. Nationwide, fewer people are getting married, CDC stats suggest. In 2000, there were 2,315,000 marriages among 281,422,000 people in the United States, for an 8.2 rate per 1,000 people. In 2009, there were 2,080,000 marriages among 306,803,000 people, a 6.8 rate.

The Wall Street Journal article lays out the experience of one Generation X member -- born between 1965 and 1980 -- whose experience with divorce is similar to many others who grew up in that time frame. Divorce rates, which peaked around 1980, are now at their lowest level since 1970. But many children of those divorces were adversely affected and vowed not to repeat the same for their children.

According to U.S. Census data, 77 percent of couples who married since 1990 made their 10-year anniversaries. The average marrying age in 1950 was 23, while in 2009 it was 28 for men and 26 for women.

But while divorces do happen, the author opines that divorce mediation is at an all-time high. While those getting divorced now remember the painful divorces of their childhood, they are now looking to more friendly ways to dissolve a marriage. And joint custody, which is available in every state -- only nine permitted it in the 1970s -- is another way to keep both parents involved and ensure the child or children have stability and a better future.

Divorce is a sad, but sometimes necessary solution to a frustrating relationship. Birmingham Divorce Lawyers believe that divorce mediation and joint custody if both parents are fit to help their children can ease the pain caused by such a decision. It is our desire to make sure our clients and their children are best cared for in a divorce. If you or a loved one faces this difficult decision, contact our firm today.

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A recent Wall Street Journal report states that new research hints that children of divorce may be happier in their step families than in their biological families.

Regardless of the new study, which flies in the face of previous research, divorce can affect children and parents in different ways. It can cause depression, loss of self esteem, financial woes, family conflicts and other problems. Birmingham Divorce Lawyers have encountered both contested divorce cases as well as collaborative divorces in Alabama. Our firm is prepared to handle any challenge regarding family law and are committed to helping your family through this challenging time.

The Wall Street Journal cites a Pew Research Center study that suggests if divorced parents remarry, the kids' own marriages may benefit from the example of a second, happier union. Some 60 percent of children who grow up in step families say their marriages are closer compared to those of their own biological parents'. But the study also found that 42 percent of Americans who have at least one step-relative feel a stronger sense of obligation to their biological family.

Signs of the Times, though, says that the new study flies in the face of current marital statistics, which say that kids of a divorce are more likely to divorce and second marriages are more likely than first marriages to end in divorce.

Regardless of the effects on future generations, divorce can be difficult. Our lawyers are committed to helping our clients and their families recover from this process.

There are many things to consider when determining whether or not to get divorced. Not only should one spouse consider the financial implications and how the couple's assets will be split, but one should also think about custodial issues with the child or children.

In Alabama, courts recognize temporary custody, which happens upon filing for divorce, legal custody, which are decisions both parents make regarding the child or children's future, and physical custody, where the child or children will stay after the divorce is final. Alabama allows for joint custody, where both parents are able to participate equally in raising the children after a divorce.

Judges look for parents to show a cooperative attitude in dealing with their children during a divorce proceeding. And the court will take into consideration the fitness of a parent and other factors in making a decision that's in the best interests of the child.

Also keep in mind that if joint custody isn't entered, the other parent may be required to pay child support in a Birmingham divorce. How much is ordered to be paid is based on many factors, such as income, earning capacity and the child's needs.

Some tips from parenting.com about dealing with children in a second marriage:

-It's a second chance at success.
-Children can get attached to parental figures, so be sure the person is worthy.
-Group outings can be draining at the beginning, so stick to individual meetings.
-Discipline is a joint effort, but each of you has a different role.
-Patience can make a big difference.
-Blending families is a process, not an event.

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The storied Los Angeles Dodgers baseball club is in turmoil after owner Frank McCourt ran out of cash to make payroll, Major League Baseball rejected a $3 billion television deal with Fox to help stabilize the franchise that ruined a divorce settlement between he and his ex-wife Jamie and caused the team to file for bankruptcy protection.

The series of missteps and the potential ruin of one of baseball's most historic franchises is sad indeed, but it points out some tips for business owners who may be filing for divorce in Alabama. 

In recent weeks, news media outlets have reported that the Dodgers were unable to make payroll payments to the team's players, coaches and staff. The team was recently liable for an $8.33 million deferred compensation payment due to outfielder Manny Ramirez, who no longer plays on the team, NBC Sports reported.

But some temporary good news came recently when it was reported that Frank and Jamie McCourt, who have been battling a very public divorce, had come to a divorce settlement after 20 months of negotiations. The settlement was contingent on MLB signing off on a $3 million TV deal with Fox, most of which was cash, in order to settle the divorce.

But the settlement was stifled by Major League Baseball Commissioner Bud Selig, who nixed the deal with Fox and had the league take over the team and make day-to-day decisions. McCourt, in turn, put the team into bankruptcy court.

The issue in the divorce is whether the Los Angeles Dodgers, purchased in 2004 by McCourt for $430 million from NewsCorp, is considered community property under California Law and therefore can be split between the divorced couple.

ESPN reports that Dallas Mavericks owner Mark Cuban may be interested in purchasing the troubled franchise. It's possible that a California court rules the team is community property and must be sold.

In Alabama, however, property in a divorce is generally split based on what a person brought into a marriage. In cases where a business is purchased or started in the middle of a marriage, it may make things a little trickier to navigate. While uncomfortable, it may be prudent to write a contract to decide what happens during a split to ensure the stability of the business in the future. A prenuptial agreement or putting the business in trust are just two options. The truth of the matter is that divorce is one of the leading causes of business failure.

And while many couples think about how to split the assets, the debts don't just disappear. Spouses filing for divorce must take other things into consideration, such as who pays last year's taxes and what about the balances on our five department store credit cards?

These issues and others must be handled by an experienced Alabama Divorce Lawyer in order to ensure each side equitably is responsible for debts, as well as gets the assets. It's also important to note how taxes in an Alabama divorce can affect each spouse. Splitting investments, avoiding capital gains tax hits and other issues must be taken into consideration and protected in order to ensure a person leaves a marriage able to afford life.

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Two recent articles published on CNN.com highlight the need for sound financial planning in advance of a marriage and how that can help if the marriage crumbles and a Birmingham divorce is necessary.

While Birmingham Divorce Lawyers have focused for years on helping families through difficult splits, we understand how tough of a stage of life this can be. While many people don't like to bring up the possibility of a prenuptial agreement before marriage, it's one of the ways to ensure your financial future is stable if the marriage doesn't work out.

People don't buy cars without a contract, yet they continue to enter into marriage with little planning, protection or forethought.

A Fortune Magazine article published on CNN cites reports that reality TV star Kim Kardashian and her NBA player and fiance Kris Humphries are working on a prenuptial agreement. A prenup is a legally binding contract that spells out how each person's assets will be split if their marriage fails.

The article cites a study by divorce lawyers who have seen an uptick in prenups in Alabama and elsewhere because of the financial crisis and people wanting to protect what they have earned.

These agreements are usually used by celebrities and the wealthy, but have become commonplace for the general public. Without one, the court will be responsible for dividing assets, which can leave one person on the short end of the stick. But with good planning and an experienced Birmingham Divorce Lawyer, you can help stabilize your future.

The other article takes a look at cheating during a marriage -- financial cheating. Whether one spouse hides money they earn, keeps a secret bank account or hides expenditures, it can take a toll on a marriage.

A new study shows that lying about money runs rampant in marriages. Nearly 31 percent of people who share finances with a partner say they've been deceptive about money. More than half of those said they've hid either money or a minor purchase. Sixteen percent of respondents in the poll said their financial infidelity caused a divorce.

Some red flags about financial cheating:

• When the spouse is resistant to have a conversation about finances or have become argumentative or angry when you discuss finances.
• When your partner makes a big purchase without telling you first.
• When you find bills for items you didn't know about.
• When the spouse has opened new lines of credit in their -- or your -- name.

It is best to ask questions about finances and spending up front as to avoid a difficult conversation or collapsing marriage at the end. The study found that 14 percent of couples who were recently married or soon-to-be married didn't talk about money before tying the knot.

If you are considering a divorce in Birmingham or elsewhere in Alabama, consult our law firm immediately. We will assess your situation, your finances and other factors and work to obtain the best resolution possible to ensure you are financially stable for years to come.

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