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

As a Birmingham divorce lawyer helping clients throughout Alabama, I understand the pain and anguish that people feel following a separation or conclusion of a divorce action. For folks who share children from a marriage that is now falling apart the hurt can go very deep, especially when custody comes into play.

No matter where you live in Alabama, be it Huntsville, Auburn, Madison or Opelika, divorce and separation are not easy. One issue that arises more often than not is that of relocation. It’s a sad fact, but in a society as mobile as ours and with an economy that is forcing people to look elsewhere for employment, relocation cases have become commonplace.

Once a divorce is final, it’s inevitable to have some tension between the custodial and non-custodial parents. However, this tension can elevate if the custodial parent needs or wants to move away and take the kids with them. In cases like this the non-custodial parents will desperately want to hang on to their relationship with the children, while everyone should consider the best interests of the kids as well.

The question that I get from folks is, Where does the law come down on the issue of relocation or “move away” cases? Naturally, many non-custodial parents want to know if they can prevent their former partner from physically relocating themselves and the kids. Similarly, the custodial parent wonders if he or she actually needs to get “approval” to move from the other, non-custodial parent.

Actually, there is an Alabama statute titled the “Alabama Parent-Child Relationship Protection Act,” part of the Alabama Code, Section 30-3-160. What this part of the law requires is for the custodial parent to submit written notice to the other party, the non-custodial parent, 45 days in advance of any intended move greater than 60 miles from his or her present residence.

The law regarding this required notice is very specific as to what should be included and in what form it should take. For instance, it must be delivered via certified mail. This is why it’s always important to consult a qualified family law attorney to be certain that you are following the letter of the law.

Once notice is given, the law gives the non-custodial parent 30 days to file a written objection  with the court. If an objection is filed, the court will then set a date to hear the individual parties and make a determination as to whether or not, in the judge’s opinion, the move is in the best interests of the children.

• Email This
• Print
• Comments
• Trackbacks

Let’s assume that you’re embroiled in a divorce action with your soon-to-be former spouse, who initiated the case. Whether you live in Montgomery, Dothan, Decatur, or Auburn, or anywhere in Alabama, divorce is an emotional and heart-wrenching process especially when one party doesn’t see it coming. Add children into the equation and you have potential for one of the saddest and demoralizing episodes in your life.

Being a family law and divorce attorney practicing in the Birmingham area, I have represented many clients who found themselves in the throes of a painful divorce proceeding. Part of my job is to try and make the process as easy and straightforward as possible while attempting to provide some comfort and guidance to my clients. In some instances a spouse may be so upset that they literally want to stop the divorce in its tracks.

But is this actually possible or even advisable? It’s easy to say, “I want to stop this here and now.” In reality, it’s a different story entirely here in Alabama. The sad truth is that once one spouse is committed to getting a divorce, there is no way the other party can turn it off. Short of convincing your soon-to-be-former partner to pull the plug, that’s just the way Alabama divorce law is written.

In Alabama, if one of spouse insists on a divorce, that individual is going to get his or her way no matter what. And while you and your attorney can make the divorce process take longer, you can’t stop it. As they say in the halls of divorce court, it may take two to get married, but it only takes one to get divorced.

On the topic of reconciliation, you certainly can appeal to the other party to try and make the marriage work, but most divorce actions are an indication that the marital union is probably broken and no amount of energy is going to fix it.

If you know in your heart of hearts that your marriage was on its last legs when your spouse initiated the divorce, then it may be wise to follow their lead and make the best of a bad situation. This is where a qualified divorce lawyer and family law attorney can really help.

If you insist on making it work, it’s a good idea to bring in a third party who is not emotionally torn between either spouse. Schedule some sessions with a qualified marriage counselor or church pastor. If both parties are committed to making the marriage work, then these professionals can perhaps help you toward making things work better.

• Email This
• Print
• Comments
• Trackbacks

Divorce can be a painful and life-altering event for most married people, especially if children are involved. In my last entry, I discussed a few of the initial steps when moving toward divorce in Alabama. For most individuals, going through a legal separation or divorce can be a very emotional time.

As a divorce lawyer with a Birmingham family law practice, I recommend that people in the throes of divorce attempt to avoid emotionality as much as possible. Though it is difficult, keeping a cool head is highly desirable when going through such a serious legal process as divorce. The following is the second part of my discussion on the process of divorcing in Alabama.

One of the initial steps in kicking off the formal divorce procedure is the creation of a complaint (or petition) requesting a divorce, which is filed by one or the other spouse. Once the petition is filed, the other spouse must file an answer in kind -- this is that spouse’s “response.” The petition usually includes items such as requests for temporary orders regarding custody of the couple’s children (if any) and visitation, alimony and, or in addition to, child support payments. It is not uncommon that the petitioning spouse will request the other to pay his or her lawyer costs.

Following the petition, the next step is for your attorney to undertake legal discovery. Just as in any law suit, this is done to obtain information pertinent to the divorce. This information will help determine the amount of spousal and/or child support, as well as attorney fees that you may be required to pay -- or the amount that you will receive.

Depending on your particular circumstances, retaining the services of a forensic accountant can be very helpful when searching for your spouse’s potentially hidden assets. This kind of accountant can also assist in analyzing your overall debts and assets. Others professionals involved in this process may include CPAs, appraiser and tax advisors, who can help you become aware of the tax implications and other potential risks of hanging onto or giving up property.

Prior to the commencement of settlement negotiations, it is wise to know what items you want the agreement to cover. Being able to understand the various tax consequences or other financial issues tied to each offer and counteroffer made during the negotiations is critical to a successful outcome. This is why having a qualified divorce lawyer on your side during these negotiations makes a great deal of sense.

As an unemotional advocate, an attorney can make the entire process much easier. As I have said before, keeping any possible anger out of the negotiations may help you avoid the possibility of a trial. Since divorce trials can be rather expensive for both of the spouses, this is something you should steer clear of if at all possible.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Here in Alabama, as elsewhere across the country, divorce is a serious step for any married person. From a personal point of view, separation or divorce is a truly emotional event. From a legal standpoint the process of divorce is fairly well defined, although the steps toward the final divorce decree will vary due to individual circumstances.

As a Birmingham divorce lawyer and family law attorney, I tell my clients to try to remain as cool and collected as possible. While emotions can run quite high, this is a legal process and you will benefit from keeping your feelings in check as much as possible as you follow the advice of your attorney. The following is the first of a two-part discussion on the process of divorcing in Alabama.

As previously mentioned, very few divorces follow the exact same steps, but whichever direction your particular situation takes you, it is always wise to seek professional help as early as possible. A qualified divorce attorney can guide you along the way. Other professionals who can be of great assistance in these trying times include therapists and financial advisors.

Your most important resource will be your attorney, which makes choosing one a critical process in itself. First and foremost, you need to learn about your legal rights as they pertain to an Alabama divorce. A lawyer well versed in this state’s divorce and family law is your best choice and he or she will be able to clearly explain the details regarding separation, spousal support and alimony, child custody and visitation, as well as guardianship, child support and future division of assets.

The first step is financial. Here you must gather all of your financial documents. Be sure to make a copy of all paperwork that you have collected and present this information to your attorney. At this point, you will be able to learn what the financial impact of a separation will have on you and your children, if any. It is important to understand that while some couples have the means to physically separate, other unfortunately cannot, which may mean taking up residence in different parts of the same house.

An essential part of the financial evaluation is making the determination of which debts were incurred before the separation, as well as after. This should include any shared bills paid and improvements, if any, made to common property during the separation. You should also use this time to update your insurance coverage if any of those improvements added value to your property.

At this point you should decide whether or not you and your spouse will be filing your taxes jointly, or separately. Next time, I’ll talk about the other steps leading to a divorce or legal separation.
 

• Email This
• Print
• Comments
• Trackbacks

As a Birmingham divorce and family law attorney serving residents throughout Alabama, one of the most common question I am asked by folks is, “What are the legal grounds for divorce here in Alabama?” Another frequent question is, “What kind of residency requirement is needed to file for divorce in this state?” This last one is simple: One of the parties must be a bona fide resident of Alabama six months before the filing of the complaint.

As for the first question, legal grounds for divorce in Alabama can be determined by asking the following questions. Answering yes to any one of these will give you some idea as to whether or not you have grounds for divorce:

1. At the time of the marriage, was either party physically and incurably incapacitated from entering into the marriage state?
2. Was there adultery?
3. Did one of the parties voluntary abandon from bed and board one year prior to the filing of the complaint?
4. Was one of the spouses imprisoned in an Alabama of other state’s penitentiary for two years, with the sentence being for seven years or longer?
5. Did one party commit a crime against nature, whether with mankind or beast, either before or after marriage?
6. Was there an addiction to alcohol or drugs after the marriage?
7. Are the spouses incompatible?
8. Has one of the spouses been confined in a mental hospital for a period of five successive years, and as such is that party hopelessly and incurably insane at the time of the filing of the complaint?
9. Has there been an irretrievable breakdown of the marriage where further attempts at reconciliation are impractical or futile and not in the best interests of the parties or the family?
10. Was the wife pregnant at the time of marriage, without the husband’s knowledge or agency? (In favor of the husband)
11. Has either of the parties to the marriage been subject to domestic violence or had reasonable apprehension of such violence?
12. Has the wife lived separate and apart from the bed and board of the husband for two years and been without support from him for two years next preceding the filing of the complaint, and has she bona fide resided in this state during said period? (In favor of the wife)

Many of these questions are easy to answer, however some are more difficult and require an experienced eye. As an Alabama divorce lawyer, my practice deals with these questions and numerous other issues on a daily basis. As with any legal question, I highly recommend that anyone contemplating divorce seek the counsel of a qualified divorce and family law attorney to learn more completely what his or her options may be in situations as sensitive as divorce and legal separation.

 

• Email This
• Print
• Comments
• Trackbacks

Please check out my firm's website.  My Alabama Divorce Law firm focuses our practice on divorce, child custody, child visitation, alimony and support, property division, asset protection, family law and more.  We cross the state of Alabama and regularly handle divorce and family law cases in Birmingham, Mountain Brook, Vestavia Hills, Hoover, Pelham, Leeds, Moody, Pell City, Trussville, Huntsville, Montgomery, Mobile, Tuscaloosa, Fultondale, Irondale, Homewood; and in counties like Jefferson County, St. Clair County, Madison County, Tuscaloosa County, Shelby County, Mobile County, Walker County, Jackson County, Marshall County, Limestone County, Chilton County, Bibb County, Talladega County, Montgomery County, Etowah County, Mobile County, Cullman County, Baldwin County, Winston County, Dekalb County and Cherokee County, etc. 

• Email This
• Print
• Comments (1)
• Trackbacks

I am happy to be posting again after a short hiatus.  A major Alabama divorce and child custody trial has kept me more than busy for the past week.  I would like to announce I have been selected as a LawInfo rated lead counsel in Alabama.  LawInfo.com rates the top Divorce and Family Law attorneys across the country and I have been selected as its Alabama representative.  Please check out LawInfo.com for more information pertaining to Alabama Divorce and Family law attorneys and lawyers. 

• Email This
• Print
• Comments
• Trackbacks