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Posted on August 30, 2011 by Steve Eversole

Marriage and Divorce Rates Higher in Alabama, South Than Northeast, Census Says

A recent report by the U.S. Census Bureau indicates that where you live may influence your marriage and your willingness to divorce, USA Today reports.

Alabama was among seven states, along with Arkansas, Georgia, Kentucky, Mississippi, Oklahoma, Tennessee and Texas with the highest marriage rates and highest divorce rates in the country, the report states.

Divorce in Alabama, or anywhere else for that matter, can be a difficult process. And regardless of where you live, it can be made much easier by hiring an experienced Birmingham Divorce Lawyer. A good lawyer will take into consideration all factors, including your finances, as well as child care needs, property division, debt division, avoiding tax hits and other things that the average person may not think about in order to work toward the best possible outcome in a tough situation.

The study's main finding is that people in the South are more likely to marry earlier and have less education, both of which are factors that increase the likelihood of divorce. People in the Northeast, on average, have more education and marry later in life.

The report was the first of its kind since a 1991 report based on 1988 data. The numbers are based on 3 million households in the American Community Survey from 2009. Researchers said that because data was pulled during the height of the recession, the numbers may actually be higher. Some single people have postponed their marriages because of financial reasons and married people may have put off divorce because of the costs involved.

The survey also found that on a national level, people are getting married later and later in life. Census data showed that in 1890, the average age for first marriage was 26.1 for men and 22 for women. It's now 28.4 for men and 26.5 for women.

As the Alabama Divorce & Family Law Attorney Blog recently reported, growing older doesn't necessarily reduce the likelihood of a divorce in Alabama, either. A recent report found that conflict levels remain largely unchanged, which refutes the idea that people mellow out later in life and cause fewer arguments.

Whatever the reason for divorce and whenever the timing, handling a divorce by yourself can make things worse. Each spouse is likely already stressed about the frustration of a marriage falling apart. If children are involved, the process is even more complex.

Financial stresses can also play a factor. There will now be twice as many living expenses and bills, rent to pay and possibly a new car to purchase. That's on top of whichever spouse has to care for the children or pay child support or alimony.

But an experienced Birmingham Divorce Lawyer can take away a lot of that stress by being a buffer during court hearings and mediation sessions, if the case requires the intervention of the court system. Even in a cooperative divorce in Alabama, where spouses agree to major property division and children issues, a lawyer should be consulted to analyze the agreements and ensure that the agreements truly benefit the client.

Tags: Alabama Divorce

Posted on August 25, 2011 by Steve Eversole

Is There Such a Thing as a Good Alabama Divorce?

The Huffington Post recently published an article that poses the question: Can "good" and divorce" be in the same sentence.

Birmingham Divorce Attorneys believe they can be. Divorce in Alabama can be a stressful time in a person's life. Questions of financial security, how assets will be divided, where the kids will live and when will visitation be are all big questions for a couple getting divorced. But while hearts may be broken and frustration levels remain high, the situation can be made more tolerable with the help of an experienced Birmingham Divorce Lawyer.

In Alabama, collaborative divorce proceedings are a way for each side to minimize the cost of divorce, increase the amount of communication and work together in seeking the best possible outcome for each side. And while this is the least contentious form of divorce in Alabama, it still shouldn't be done by oneself. Despite agreeing on many facets of a break-up and divorce, an experienced attorney should be hired to oversee the process and review documents in order to help ensure that the situation is handled properly.

While most people consider the more obvious and big-picture questions in handling a divorce themselves, an attorney with years handling divorce cases in Birmingham and throughout Alabama will consider other things, such as how to avoid post-divorce taxes, how to divide not only assets, but also debts and how to calculate child support or alimony payments.

In the news article, the author poses 10 tips of how to have a good divorce:

If the marriage really over? Divorce should be a last resort, after counseling and other ways to save a marriage have been attempted. Counseling during a divorce can be beneficial.

Can you treat your soon-to-be ex with respect? At one point, you were in love. Keep that in mind.

Can you put the interests of the kids ahead of yours? Don't put your children in the middle of a fight.

Can you communicate? At one point, you were able to talk things through, but now you may have a tough time doing so because of hurt feelings and anger. The better the communication, the better the divorce.

Can you avoid court? Cooperative and collaborative divorce in Alabama allows each side to come to an agreement without a judge's intervention. The more court action, the less control the spouses have and it's more expensive.

Can you find a problem-solving attorney? The article suggest finding an attorney who can problem-solve and not turn a good divorce into a bitter one. Good advice.

Will you be mature? Despite feeling overwhelmed and not in control, try to be constructive and not destructive in discussions.

Can you be selfless and avoid greed? It may be tough, but it will help the process.

Can you create a game plan? Set realistic goals about your children and your financial issues.

Can you be honest and avoid mind games? Many spouses try playing games in order to hurt the other. Avoid it.

This is all good advice and hiring an experienced Birmingham Divorce Attorney is important to make many of these tips a reality. Being able to communicate on behalf of the client and avoiding conflicts is a core goal of an experienced lawyer representing a spouse going through the divorce process.

Tags: Alabama Divorce

Posted on August 22, 2011 by Steve Eversole

Study: Growing Older Doesn't Reduce Birmingham Divorce

A recent study found that conflict levels remain largely unchanged in a marriage over time, debunking the notion that as people get older they mellow out in marriage, CBS News reports.

Whatever the age of the spouse, divorce in Birmingham can be a difficult if there is major conflict in the marriage. Constant arguments, bad feelings or other conflicts make life stressful; an experienced Alabama Divorce Attorney can help take some of the emotion out of the equation.

As the Alabama Divorce & Family Law Attorney Blog recently reported, later in life divorces can leave spouses with many problems to discuss that younger couples don't have to tackle. That includes splitting up assets that have been accrued over time, dealing with retirement plans, a family business and who gets the house, which might not be the asset it once was.

But, at the same time, younger couples have their own problems. While they may not have the same financial concerns, they still have issues to overcome. They likely have less in savings, making the split even more critical to their future. There's a good chance they have children, so child custody in Birmingham is an issue that must be addressed. What the child's primary residential may also be a contentious issue.

A study documented 1,000 couples for 20 years. In 1980, the researchers questioned 2,033 married people 55 or younger about their relationship and the quality of their marriage. Each couple was interviewed up to five additional times through 2000.

The study found that while arguments don't grow less frequent over time, couples that share decision-making roles were happier and less-likely to file for divorce. The level of conflict in the marriage was determined based on "never," "rarely," "sometimes," "often" or "very often."

The study classified marriages as "avoider," "hostile," "validator" and "volatile." More than half -- 54 percent -- fell into the validator realm, meaning couples split decision-making power, were happier and less likely to divorce.

Avoider couples comprised 6 percent of the marriages, where they fell into traditional gender roles with the husband doing little housework and each believing a marriage should last a lifetime.

Volatile marriages made up nearly 20 percent of those surveyed and were marred by high conflict and yet high or moderate happiness levels. Hostile marriages were characterized with high conflict and low happiness levels and were the most likely to end in divorce.

A sharing of input in making major decisions was seen in the low-conflict marriages.

It's not shocking that the study found couples who have the most contentious marriages are more likely to divorce. That seems to be common knowledge. But we all know a couple that seems perfect and ends up going through a divorce. It can come on for a variety of reasons -- infidelity, financial stress, problems with the children or changes in personality that weren't seen in the courting stage.

Whatever the reason and whatever the time of life, divorce can be an emotional roller coaster. Trust an experienced Birmingham Divorce Attorney, who will work to ease the pain and frustration of the process.

Tags: Alabama Divorce

Posted on August 15, 2011 by Steve Eversole

Late-Life Birmingham Divorce Can Be a Headache

The Wall Street Journal recently reported that fewer first-time married couples are hitting their 25th, 30th and 35th anniversaries despite an increase in life expectancies.

The article cites the recent breakups of Arnold Schwarzenegger and Maria Shriver and Al and Tipper Gore, who were married for 25 and 40 years, respectively.

An Alabama divorce can be difficult regardless of the stage of life a person is in. Whether only married for a few years right out of high school or college or married for decades only to realize they no longer want to remain together, the process can be difficult. But a Birmingham Divorce Attorney, with years of experience in handling this area of law can cushion the blow of divorce through quality representation that can lead to a clean break and sometimes an amicable parting of ways.

The U.S. Census report about couples not making it to long-term anniversaries doesn't indicate the age of the couples, but some divorce attorneys and financial planners are seeing an increase in long-married couples calling it quits.

"As years go by and they get close to retirement age, where they have to be near one another more, one of them realizes they don't want to live the rest of their life in this manner," said Lynn Maier, a divorce attorney in White Plains, N.Y.

Long-married couples who have significant assets to divide can make for a complex divorce process. But it is important to ensure that the partners have enough money and assets to live on in their retirement years because they have little work time left to earn money.

While splitting bank accounts and insurance policies may be straightforward, there are some other assets that may be more difficult to break up, the article suggests.

The house: In the current housing market, regardless of where in the country the divorce is taking place, the house may not be much of an asset. Getting one side to take the house may be a victory for the other side.

The retirement plan: Pensions, 401(k) accounts and retirement accounts are typically titled in one spouse's name, but they are usually considered marital property if acquired during the marriage. It is important in an Alabama divorce to address the specific retirement plan in question, because it may have specific rules.

The family business: Years of hard work and planning may have gone into a joint venture, but now that the couple is splitting, they likely won't want to work together any more. This can be crippling for a business It may be most prudent to agree to a "post-nuptial" agreement that lays out what happens to the business in case of death or divorce.

This is all sound advice and hits on the point of how complex a divorce proceeding can be. Splitting assets can be as difficult sometimes as deciding where the children will live, if they are minors. Dealing with retirement plans, businesses, stock options, the house, the cars and other property requires the experience and skill of a Birmingham Divorce Lawyer.

Tags: Alabama Divorce

Posted on August 5, 2011 by Steve Eversole

Divorce Insurance May Be a New Trend in Alabama

A recent article in the Financial Times suggests that getting divorce insurance may become trendy after companies have begun offering insurance for prenuptial agreements and even the entire cost of a divorce.

It's unclear whether this sort of thing will pick up steam in the United States, but it's always possible. People typically marry because they feel like they are in love and believe a marriage will work. And they divorce for many reasons, stemming from disinterest to adultery. Divorce in Alabama can be an emotional and painful experience, but hiring a Birmingham Divorce Lawyer who can help guide clients through the system is invaluable.

According to the article, a German paper heiress recently had a prenuptial agreement upheld in England, where they rarely are observed. And because the ruling has made some wealthy individuals nervous, companies are jumping at the chance to cash in by creating policies that would cover pre-nup agreements as well as the full cost of a divorce.

While it may seem a bit unromantic to buy insurance for a prenuptial agreement or the cost of divorce, for people who have accumulated wealth independently or as a result of being an heir to a relative's fortune, these agreements can make the divorce process easier. The truth of the matter is that divorce is a great destroyer of wealth. Couples would do well to consider careful planning. We don't buy a car without a contract but we continue to enter into marriage with few safeguards.

For some, divorce is difficult, but each spouse understands that working together on a collaborative divorce in Alabama can be accomplished, thus making the process more smoothly. In this process, each side agrees on what should be split without court interference. However, some may think that an attorney isn't necessary in these cases. We are. Simply agreeing on certain aspects of a divorce may not be legally binding and can cause one side to get the short end of a stick in a divorce. An attorney should be hired to at least monitor the proceedings and review documents before they become final.

For others, an aggressive approach and divorce litigation in Alabama contested divorces may be required. If each side is unable to talk to each other, let alone agree on who should have custody of the kids, how assets should be split and who will pay off debt, this may be necessary.

Whatever the process, determining child custody and visitation issues is critical, as is determining the best way to avoid divorce taxes and establish a solid financial future.

Discussing your situation and allowing our Birmingham Divorce Lawyers to help you determine the best course of action should be the first step if you have decided to divorce. Allow us to help you as you move forward and begin you new life.

Tags: Alabama Divorce

Posted on August 2, 2011 by Steve Eversole

Tips to Protecting Your Finances in a Birmingham Divorce

Financial implications of a divorce are among the most important factors to consider. While where the children will live and who will have to pay how much in child support or alimony are important to consider, money issues can live on and cause problems in the future.

While divorce in Birmingham can be an emotional process, Birmingham Divorce Lawyers aim to take the emotion out of it, if possible. Keeping clients apprised of everything that is happening in the case and protecting clients from the problems arising out of bitter, contested divorces are important.

While child custody issues are often some of the most contentious issues that play out in divorces, how assets are divided, how the debts are split up and how to protect from divorce taxes that can have long-lasting negative effects may be equally important.

The Huffington Post recently provided some tips to avoid financial struggles after a divorce:

Do your homework: It's critical to assess how your divorce will impact both your short and long-term financial goals. Take time to account for any household items that you'll need to replace and evaluate how this will affect your immediate cash flow. Understand your total net worth (assets and liabilities), and other significant financial obligations including mortgage or rent payments, retirement plan contributions, child support and alimony payments. If you have young children, project future expenses including car insurance, tuition and other large purchases which often accompany the teenage years, as well as more immediate needs such as daycare.

Understand your assets: Not all assets are created equal. Instead of allowing emotions to drive your decisions, carefully evaluate the financial benefits and consequences of different assets before you negotiate your settlement. It's tempting to ask for the house, but your residence, while valuable, is an asset that requires mortgage payments and a considerable amount of upkeep. Instead, consider requesting a portion of your spouse's retirement plan - a tax-deferred and potentially appreciating asset.

Update your financial accounts: Immediately revise the beneficiaries on your checking and savings accounts, investments, retirement plans and life insurance policies and update your will. Update all property deeds and car titles - the names of former owners are not automatically removed following a divorce. You may also want to cancel credit cards or ensure your spouse is no longer an authorized user on your accounts. Also confirm that you have been removed as a co-owner on your former spouse's accounts so you aren't held liable if they fail to meet an obligation.

Review your insurance coverage: Your insurance needs may change once you're single. Evaluate your life, health, disability, auto and property insurance policies and confirm that you have adequate coverage for yourself and any dependants. Ask the court to require your former spouse to maintain life and disability insurance to protect any child support or alimony that is owed to you, in the event that they die prematurely or are no longer able to work.

Seek expert financial advice: Your attorney will play an essential role in your divorce proceedings, but don't assume your lawyer is a financial expert. Consider working with a financial advisor who can help you with all aspects of your financial life before and after your divorce is finalized. This may include determining fair separation of assets, evaluating cash flow and liabilities, recommending budgets, examining your protection needs and identifying favorable tax strategies.

Tags: Alabama Divorce

Posted on July 29, 2011 by Steve Eversole

Alabama Divorces May Be Delayed Because of Court Budget Cuts

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.

Tags: Alabama Divorce

Posted on July 25, 2011 by Steve Eversole

Study Shows that Women Who Lost Virginity Early More Likely to Divorce in Alabama

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.

Tags: Alabama Divorce

Posted on July 20, 2011 by Steve Eversole

Continental Airlines Pilots Win "Sham Divorce" in Alabama, Nationwide Case

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.

Tags: Alabama Divorce

Posted on July 19, 2011 by Steve Eversole

Friendly Divorces up in Alabama as Generation X Divorces Learn From Baby Boomer Divorces

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.

Tags: Alabama Divorce

Posted on July 1, 2011 by Steve Eversole

Los Angeles Dodgers Saga Offers Cautionary Tale For Business Owners Seeking Divorce in Alabama

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.

Tags: Alabama Divorce

Posted on June 30, 2011 by Steve Eversole

Men's Employment Status Affects Alabama Divorces, New Study Finds

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.

Tags: Alabama Divorce

Posted on June 12, 2011 by Steve Eversole

Birmingham Attorney Can Help You Avoid Post-Divorce Pitfalls

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.

Tags: Alabama Divorce

Posted on June 4, 2011 by Steve Eversole

Alabama Divorce a Challenge for Single Mothers

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.

Tags: Alabama Divorce

Posted on May 27, 2011 by Steve Eversole

Alabama Divorces Caused By Age, Employment, Money, Education and Other Factors

According to a study released this month by the U.S. Census Bureau, age, money, education status, employment, those receiving public assistance and couples with children were six areas identified by the study that lead to divorce.

Divorce can be difficult for people of any race, age and poverty level. Sometimes, the person they believed would be there forever cheats and ruins their marriage. Pressures from finances and children can push people to seek a separation. Whatever the reason, Birmingham divorce attorneys are ready to assist you in your case.

According to "Number, Timing, and Duration of Marriages and Divorces: 2009," Census numbers were based on 39,000 U.S. households. 24/7 Wall St. identified the six characteristics that make a person more likely to identify themselves as divorced: income, receipt of public assistance, age, education, children and employment.

For instance, people who didn't finish college are 16 to 19 percent more likely to be recently divorced. In general, the less educated make less money and are more likely to be divorced and the recently divorced are more likely to, therefore, have less money. Women living below the poverty line are 94 percent more likely to be recently divorced, the website reports.

Men and women who work full time are 35 and 46 percent, respectively, more likely to be divorced. Some speculate that either can mean that people working full time have the financial capability to gain independence and can afford a divorce. Others believe it simply means that divorcees must work full-time because they are now supporting themselves.

While the statistics can be interesting to look at, Jefferson County Divorce attorneys work with people, not numbers. Our goal is to provide not only the best representation to protect your future, but also the emotional support that is required in a tough life decision like divorce.

Whether you believe you and your spouse can agree to some kind of divorce mediation, a dispute resolution process that doesn't require the court, collaborative divorce proceedings or if your marriage is highly contested and bitter, our law firm can help. We will be your advocate and fight to get the assets that belong to you, work to make sure the process is as painless as possible and ensure you can come out of it ready to move on with your life.

Tags: Alabama Divorce

Posted on May 25, 2011 by Steve Eversole

Long Commute To Work Could Prompt Birmingham Divorce

A study by Swedish researchers found that a long commute to work could cause couples to divorce, according to The Local, an English language Swedish news source.

Jefferson County Divorce Lawyers are prepared to represent spouses who are seeking a divorce for any reason. Some of the most common reasons for divorce in Alabama are money problems, infidelity, poor communication, abuse and differences in expectations. Whatever the reason, consult with an attorney who will work to keep the emotional baggage that sometimes comes with a divorce proceeding at bay. Equally important is protecting your rights and your long term quality-of-life and financial well-being.

The Swedish study was based on data from 2 million Swedish households from 1995 to 2000 and found the risk of divorce increases 40 percent for commuters and is highest in the first few years of commuting. Researchers concluded that such commutes can promote gender stereotypes at home and in the workforce that can cause stress on couples.

In families where the man commutes, the woman is often forced to take a less-qualified job closer to home. That means the woman would be making less money and she would have a larger share of the household and child responsibility. Women commuters had an increase in salary and career prospects, but other studies showed they endure more stress and feel less successful in their careers than commuting men.

“To be able to commute to work can be a positive thing because it means you don’t have to uproot your family with every career move but it can also be a strain on your relationship,” said author Erika Sandow.

According to 2000 U.S. Census Bureau data, the most recent available for commute times, more than 23 million Americans had a commute of 40 minutes or longer. That was up from about 17 million in 1990. 2010 Census data regarding commuters hasn't been released.

Divorces happen for many reasons in Alabama. Regardless of the reason, it's important to consult with an experienced Birmingham divorce and family law attorney who will be committed to protecting your best interests and, if you have children, the best interests of your kids. There's no question job stress plays a part in the health of any relationship -- and that has never been more true than during the tough economic times of the past few years.

Tags: Alabama Divorce

Posted on May 23, 2011 by Steve Eversole

Divorce Rate Down, But 7-Year "Itch" Still In Play in Alabama, elsewhere

Recently released statistics show that couples more likely to reach their 10-year wedding anniversary as divorces have leveled off, The Associated Press reports.

While it is good news that marriages are lasting longer, the story also suggests that couples often struggle in the seven-year period. If you are considering a divorce in Alabama, contact Birmingham Family Law and Divorce Lawyers.

About three out of four people who have been married since 1990 said they reached their 10-year anniversary, which is up about three percent over men and women married in the 1980s, when divorce rates peaked, census figures stated.

According to news reports it's possible that divorces have slipped because of couples living together before they get married and the rising age of people when they do tie the knot. Education and job opportunity may also be factors.

Divorces climbed in the 1960s and 1970s, when laws passed making it easier to get a divorce. But the recent report said couples who broke up, on average, did so around seven years in, which is often called the "seven-year itch." The report maintains that about one in every two marriages will end in divorce.

While many people get divorced, it can be a psychological nightmare. Court hearings, dividing up your assets and often having to deal with children and other family members can be difficult. Trust Alabama divorce lawyers to take the emotion out of divorce and focus on protecting your financial future.

And if you have children, it is vital that you hire an aggressive attorney. Child custody and visitation in Alabama can be difficult. In Alabama, there is temporary, legal and physical custody. And judges have the authority to make decisions that deviate from state rules if they believe it is in the child's best interests. So that's why you need someone fighting for you and your children.

But while many divorces can be difficult, there are also times when working together for the best of each spouse and the best of the children is possible. That's when mediation and collaborative family law can help ease the transition from married to single.

Consult with an attorney in Birmingham or elsewhere in Alabama if you're considering divorce and want to be well represented at every stage of the proceeding. Preserve your rights. Calling is the first step.

Tags: Alabama Divorce, Alabama Divorce & Family Law Updates

Posted on May 20, 2011 by Steve Eversole

Alabama Divorce Rate Among Highest in the Nation

Alabama has the third-highest divorce rate for men and fourth-highest rate for women, according to a recent report in the Anniston Star.

While marriage is often a joyous occasion, divorce can be heart-breaking. But Alabama divorce lawyers are dedicated to working to take the emotion out of a divorce. Our firm helps families work through the process by trying to minimize the psychological impact, reduce turmoil and preserve assets for the future.

The newspaper speculates that poverty plays a role in Alabama's rankings. According to the U.S. Census Bureau, the state has the 10th-highest poverty rate, with its ranking for child poverty at 9th and elderly at 7th. Perhaps for couples already having problems, economic stress plays a factor in divorce.

Another factor in overall declining divorce numbers is that people are waiting longer to get married. According to the newspaper, women have more career options than they did 25 years ago and more young people pursue education after high school rather than settle down with their high school sweetheart. The older people are when they get married, the more likely they are to stay married, statistics show.

Alabama divorce rates are among the highest in the country, according to the Center for Disease Control. Statistics from 2009 suggest that 4.4 out of every 1,000 people in Alabama got divorced in 2009. Based on 2009 U.S. Census Bureau numbers, a population of 4.7 million and that divorce rate, more than 21,000 Alabamians were divorced in 2009.

The divorce process can be a legally complex process and requires trained professionals who are dedicated to putting the time and effort into preparing your case. There are many options in a divorce that should be explored before a final resolution.

Birmingham divorce mediation can be the most amicable, when couples resolve issues between them without court intervention. Collaborative divorce proceedings are also helpful to both sides, with good communication and a plan to finalize the divorce.

But sometimes divorces are so bitterly contested they require extensive attorney representation. If you are going through a contested divorce in Alabama, call a trustworthy advocate.

Tags: Alabama Divorce

Posted on May 18, 2011 by Steve Eversole

Schwarzenegger Infidelity Shows the Need for Planning in an Alabama Divorce Case

As the Alabama Divorce & Family Law Attorney Blog reported recently, Arnold Schwarzenegger and Maria Shriver split after 25 years of marriage. And now we know why. With news that Schwarzenegger fathered a child out of wedlock, experts believe infidelity isn't as uncommon as people may like to believe, CNN reports.

What the story shows is how important a Birmingham divorce lawyer is in planning your future when contemplating divorce. What's most important in situations like this is not to make any rash decisions that could adversely affect you or your children in the next few years. Consult an experienced Alabama family law attorney who can guide you through a divorce, child custody or paternity case.

Schwarzenegger fathered a child 10 years ago with a worker in the couple's California home, he recently stated to the public. The CNN story reports therapists and marriage experts say it can be difficult to recover when a spouse is unfaithful.

Some experts say the percentage of marriages where one or both spouses admit to either physical or emotional infidelity is 41 percent. One author reports that 60 percent of men and 40 percent of women will have an affair at some point in their marriage. The acceptability of infidelity varies with cultures and its tolerance varies in one's circle of friends.

It's unclear how many divorces result from infidelity. And while it's possible for marriages to endure a cheating spouse, it's also possible that such an event can be devastating to the marriage, the children and family and friends.

Alabama divorce attorneys have seen the pain and frustration cheating can cause in a marriage. If you have made the decision to seek a divorce, don't try to do it alone. Often, mediation in Alabama is an option for an amicable split of assets. A contested divorce requires more work and a full-time family law attorney but can help ensure the future financial well-being of you and your family.

Tags: Alabama Divorce

Posted on May 13, 2011 by Steve Eversole

Grandparents can Complicate Alabama Divorce Cases

One of the biggest problems for couples going through a divorce involving children is the interference of in-laws because of their connection to the children, according to the syndicated advice column Ex-Etiquette for Parents.

Alabama divorce and family law attorneys will be there to help you through every step of the process, which is often painful and emotionally draining for the spouses, children and in-laws.

The column starts with a question from a grandparent "in the middle of" their son's divorce, asking for advice on how to deal with anger toward their ex-daughter-in-law and how to help the son and grandchildren.

The experts suggest that the grandparents be willing to help with the kids if asked, but not to insert themselves in the divorce proceedings. And while support during a divorce is crucial, relatives shouldn't be quick to overstep their bounds in trying to help in such a tough situation.

While relatives often have strong feelings about a divorce, especially in cases where children are involved and can be subject to an awkward family life as a result, counseling may be appropriate, the columnist advise. The columnists suggest that relatives not say anything negative about the divorce to the children because it can affect their views of their parents and the relatives making derogatory statements.

In Alabama, custody and visitation can be tricky to work out. The state has three forms of custody: temporary, legal and physical. Courts prefer joint custody so that both parents are making decisions for their children. In Alabama, children become a ward of the court upon a divorce being filed. Collaborative divorce and divorce mediation allows parents to make decisions about child custody. And like any divorce involving kids, child support and alimony in Alabama may be an issue, so choose your attorney wisely.

But the good news is that a proposed law in Alabama would require equal custody in most divorce cases, as revealed in "Law Would Award Joint Custody in Most Alabama Child Custody Cases."

Grandparents do have rights. In some cases, a grandparent has been a primary caregiver for a child and may also have a say in how custody and visitation arrangements are handled.

Tags: Alabama Divorce, Alabama Divorce Mediation, Alabama Family Law Basics

Posted on May 10, 2011 by Steve Eversole

Schwarzenegger/Shriver Split Illustrates Property Splits in Alabama Divorce Cases

Former California Governor Arnold Schwarzenegger and wife Maria Shriver have split after 25 years of marriage, the Los Angeles Times reports.

The announcement underscores the importance of hiring an experienced Birmingham divorce attorney, who can take the emotion out of divorce and fight for what's right. Divorces can be messy and if you're contemplating divorce, contact an attorney who can make sure your rights are represented outside of court as well as in front of a judge. Thus far, it looks like the Schwarzenegger/Shriver split will be about as amicable as they come. But just because you and your partner agree -- or think you agree -- on a fair division of assets doesn't mean you each don't need an attorney to protect your rights.

California is a "community property" state, meaning that assets and debts acquired during marriage are divided equally. But In Alabama, the law doesn't automatically assume property needs to be split evenly in a divorce. In fact, there isn't a set formula for splitting a couple's assets. The property can be divided by who is at fault more, who needs more money and by who contributed more financially to the marriage.

In the case of Schwarzenegger and Shriver, the couple has been split for weeks, the newspaper reports. Over the years, the couple has come under scrutiny, especially in 2003, when The Times reported that the actor-turned-politician had a history of groping women. But Shriver defended her husband and propelled him to victory. The couple, married in 1986, have four children, ages 14, 18, 20 and 21.

Divorces with children can be especially difficult. Alabama law allows for spouses to make decisions about the custody of their children in collaborative divorce or divorce mediation proceedings. Otherwise, the children may be considered wards of the court until the divorce is finalized.

Tags: Alabama Divorce

Posted on May 7, 2011 by Steve Eversole

Birmingham Divorce can Impact Financial Security in Retirement

Filing for divorce in Birmingham is a vulnerable time in the lives of both parties. However, the Boston Globe reports the lifetime security of women may be most at stake -- even if retirement is years away.

Birmingham divorce attorneys know that a poorly conceived and executed divorce may never permit a spouse to regain the standard of living they enjoyed during their marriage -- whatever their socioeconomic strata. Even economically advantaged couples can find themselves in financial trouble -- few realize the true impact of twice the expenses and half the income until well after they have settled into their split lives.

Asset and wealth protection should be a significant factor in your planning. Divorce attorneys understand the risks and can often help clients protect themselves from some of the potential long-term impacts of a divorce.

For women, the risk can come from never having been responsible for handling long-term investments. While it may sound sexist, it remains a common problem. And the truth of the matter is that women find it harder to save for a comfortable retirement; they typically earn less, live longer and have less financial-planning skills.

Single retirees are at the greatest risk of poverty. And advocates remain concerned about the millions of divorced, widowed or never-married baby boomers who are currently hitting retirement.

-Women outlive men by an average of 5 to 7 years. The Centers for Disease Control and Prevention reports that a 65-year-old woman can expect to live another 20 years.

-Women only earn 77 percent of what men make on average; and 3 of 5 women make less than $30,000 a year.

-The average woman only spends about 12 years in the workforce.

While divorce is often contemplated -- sometimes silently and sometimes in the open -- for months or even years before it is initiated, the reality is too few divorces begin with the proper planning. Speaking to an experienced Alabama divorce attorney -- even before you speak with your spouse -- is the best course of action. This is particularly true if your spouse is responsible for the vast majority of the financial planning in a relationship. Gathering the kind of documentation needed to protect your financial future is best done before the onset of potential hostile relations.

Tags: Alabama Divorce

Posted on April 27, 2011 by Steve Eversole

Former wife of Ken Stabler Charged with Disorderly Conduct in Alabama

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.

Tags: Alabama Divorce

Posted on April 24, 2011 by Steve Eversole

Birmingham Divorce can devastate Family Businesses

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.

Tags: Alabama Divorce

Posted on April 23, 2011 by Steve Eversole

Is a Prenuptial Agreement Necessary for a Smooth Birmingham Divorce?

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.

Tags: Alabama Divorce

Posted on April 15, 2011 by Steve Eversole

Law Would Award Joint Custody in Most Alabama Child Custody Cases

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"

Tags: Alabama Child Custody & Visitation, Alabama Divorce

Posted on April 13, 2011 by Steve Eversole

Birmingham Divorce Agreements don't take you off the hook for the mortgage, or the car, or the wife's Macy's card

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.

URL: http://able2know.org/topic/84891-1

Tags: Alabama Divorce

Posted on April 6, 2011 by Steve Eversole

Recovering Economy may mean More Divorces in Alabama, elsewhere

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.

Tags: Alabama Divorce

Posted on April 6, 2011 by Steve Eversole

Friendship a Valuable Commodity for Divorcing Birmingham Couples

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.

Tags: Alabama Divorce, Divorce & Separation

Posted on May 14, 2010 by Steve Eversole

Choosing an Alabama Family Law Attorney to Speed Court Decisions on Support and Custody Issues

Taking your problems to a court of law may seem like a necessary solution, but it is rarely a simple process without the right kind of help. As a Birmingham divorce lawyer and family law attorney, I’ve assisted many Alabama residents in areas such as child custody, child support and spousal support, or maintenance.

If you live in Montgomery County, Talladega County, Cullman County or any of the dozens of towns and cities throughout the state, you face the same court system that thousands of local people face every year when pursuing justice for themselves and their families. When it comes to divorce and other related marital cases found in family court, the path to a favorable resolution can be fraught with pitfalls and time-consuming hurdles.

Lawsuits in Alabama can take months or even years to make it to court. But if you're pursuing a divorce you can’t wait to have that settlement over and done with. Most everyone I’ve counseled regarding divorce or legal separation has wanted a quick decision from the judge. That decision must include who gets custody of the children, the family vehicle, money held in multiple bank accounts, the couple’s home, a whole range of items.

As a spouse with little or no means, a decision by the court also must address monies for child support and other payments. In short, you cannot wait months or years for your case to inch its way through the state’s court system.

The good news here is that you do not have to wait. When couples become separated, important issues are often resolved via a short hearing before a judge, instead of requiring a full-blown trial. These hearings are usually held in a special court, referred to as family court in most states.

Regardless of the brevity that these sessions typically offer, because they are so quick you must be prepared and know exactly what you want to ask. You may have only a few minutes to state your side.

One helpful tool is the Temporary Order. This can be used by a spouse with little income of her own to help start some kind of support payment in order to feed and shelter the couple’s children. For example, a wife who has been abandoned can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Child Support, Alabama Divorce, Alabama Divorce Lawyer, Alabama Divorce Mediation, Alabama Family Law Basics, Birmingham divorce lawyer, Birmingham family law attorney, Divorce, Divorce Mediation, Marriage, Property Division, choosing a lawyer, divorce decree, separation

Posted on May 7, 2010 by Steve Eversole

Birmingham Divorce Lawyer Update: Should I Choose Legal Separation or File for Divorce in Alabama?

Because Alabama recognizes legal separation, most people looking at divorce in cites like Tuscaloosa, Bessemer, Huntsville and Mobile do not always have to file for divorce, at least not immediately. As a Birmingham divorce lawyer, I know that a certain percentage of people considering a divorce action will also have thought about separation as an alternative. Legal separation, which can also be referred to as "judicial separation," "separate maintenance" or "divorce a mensa et thoro" (which translates roughly into "divorce from bed-and-board"), is one way that marital partners can legally formalize what is a de facto separation while at the same time staying legally married.

Folks all around Alabama choose legal separation for a wide variety of reasons. However, the most frequent explanation is because the one or both spouses believe that the marriage may still have a chance of being saved. Occasionally, legal separation may be chosen because of one or both of the parties have a moral or religious objection to divorce.

For the state of Alabama to recognize a legal separation, both parties must enter a decree of legal separation assuming all of the following requirements are satisfied:

1. The court determines that the jurisdictional requirements for the dissolution of a marriage have been met

2. The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart

3. To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration

As the above suggests, while legal separation does not necessarily lead to a divorce, it can leave the door open to reconciliation, in which case the parties typically do not need to do anything more since they are still married in the eyes of the law. If, however, the couple does not manage to find common ground, they may then wish to go through with a divorce, which must be filed for explicitly.

A qualified family law and divorce lawyer can help individuals navigate through the complexities of legal separation as well as full-blown divorce actions, which can be of great help during what is usually a difficult and emotional time for most people.

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce Lawyer, Alabama Family Law Basics, Birmingham divorce lawyer, Birmingham family law attorney, Divorce, Divorce & Separation, Divorce Mediation, Marriage, Property Division, choosing a lawyer, divorce decree, separation

Posted on April 30, 2010 by Steve Eversole

Birmingham Family Law and Divorce Update: Understanding Legal Terminology used in Alabama Divorce Courts

As a Birmingham divorce lawyer, I know that sooner or later some people will need the services of an experienced divorce attorney. One of the reasons folks turn to a legal professional is because of the complex and sometimes labyrinthine structure of our legal system here in Alabama. Regardless of whether a person is getting a divorce in Gadsden or Tuscaloosa, or becoming legally separated in Mobile or Huntsville, there are many areas of the law that only a lawyer can guide you through.

One area that sometimes causes people confusion is the myriad of legal terms they hear or read in agreements, contracts and decrees. To help make things a bit more clear, I have listed below a few of the many important terms and definitions used in the area of divorce law. Because getting a divorce is fraught with new and possibly intimidating terminology, retaining a qualified divorce lawyer and family law attorney is an important first step.

=============== Divorce Terms ================

Abandonment
Applied when one married spouse leaves the marital home, in some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.

Adultery
Sexual intercourse by a married person outside of the marriage, which in some parts of the country may be grounds for divorce or could adversely affect the offender's case.

Affidavit
A sworn written statement usually made under oath or on affirmation before a magistrate or officer (often a notary public).

Alimony
Also called maintenance or support. See Maintenance.

Alimony Pendente
Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.

Contempt of Court
The deliberate failure to comply with the orders or directives of the Court.

Contested
Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Default
Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

Posted on April 23, 2010 by Steve Eversole

Birmingham Divorce News: Discussing the Topic of the Dreaded Prenuptial Agreement

I’ll say right off that it’s probably true that most folks think a prenuptial agreement -- or prenup, as they say in Hollywood -- will kill the romance between a couple as surely as a an illicit affair. But does suggesting that your soon-to-be spouse sign a prenuptial agreement really spell the end of trust; Certainly not. Oddly, it may just make that bond even stronger. Rather than curse or jinx a pending marriage, a prenup should be looked at as helping to cement the relationship.

Contrary to popular belief, asking your future husband or wife to sign a prenuptial agreement should not be viewed as a sign of distrust, but as a mutual act of financial openness and faith in the enduring qualities of your relationship. As a Birmingham Divorce and Family Law Attorney, I’ve represented both women and men who have entered into a prenuptial agreement with a future marriage partner.

The trouble is that many people associate the mere mention of the prenup as a prelude to a bad marriage inevitably doomed to end in divorce. Because of this, it’s really no surprise then that most folks, men and women alike, can be quite apprehensive about raising this topic with a future spouse. But there’s really nothing to fret over.

First and foremost, a prenuptial agreement is a document created between future spouses prior to their exchange of marriage vows. An agreement of this type usually lists property settlements in the event of divorce, and could include other legal issues such as possible additional obligations that could arise during the marriage. In Alabama, the law requires that certain procedures as part of the process of forming a prenup, such as full financial disclosure between the two named parties. (It’s important to remember that the law actually prohibits prenuptial agreements if they are not truthfully represented.)

Posted on April 9, 2010 by Steve Eversole

Alabama Divorce Attorney News: Actress Sandra Bullock Considers Divorce due to Husband Jesse James' Alleged Infidelity

Once again Hollywood is abuzz with stories of the marital rift between Oscar-winner Sandra Bullock and so-called bad boy and biker Jesse James. With rumors of divorce now swirling around the couple, it would appear that once again even the rich and famous can end up at odds with each other, although according to the tabloids this is mostly the husband’s making.

As a Birmingham divorce lawyer and family law attorney, I have represented numerous clients across Alabama. From what I’ve seen, it makes no difference if you live in a large city such as Birmingham, Montgomery or Huntsville, or smaller municipality like Fort Payne, Fairhope or Muscle Shoals, separation and divorce can become the option of last resort for some folks. As for Ms. Bullock, this appears to be the case as well.

According to reports, Bullock has may be on course to divorce her husband of five years, with the public weighing in on the subject as well from coast to coast. The recent revelations of James’ alleged affairs with five separate women, including tattooed model Michelle McGee have apparently opened Bullocks eyes to her husband’s possible infidelity. The news of McGee’s admission that she had an alleged 11-month affair with James seems to have left little question in Bullock’s mind where she stands in the equation.

Based on new articles, close friends of the Hollywood star have said that Bullock has “definitely” made up her mind to divorce James. She has apparently been consulting a lawyer and is preparing to for divorce. Other insiders state that James is hoping that his stint in rehab and some privacy will help him recover and save his marriage.

Describing him as a “broken man,” one of James’ friends is on record as saying that James is still in love with his wife and that the whole affair has destroyed his “entire universe.”

According to news reports, 40-year-old James recently checked himself into an undisclosed treatment facility to “deal with personal issues" and to try and save his marriage. In a public apology last month, James apparently admitted to having poor judgment in regard to the extramarital affair.

Sandra Bullock 'definitely' wants divorce, NYDailyNews.com, April 2, 2010

Posted on April 2, 2010 by Steve Eversole

Alabama Divorce Law: Must I Pay Child Support until my Kid Turns 19?

One fact of divorce in Alabama, no matter what town or city you call home -- Huntsville, Tuscaloosa, Decatur, Vestavia Hills or Talladega -- alimony and child support are a definite possibility depending on your means and the needs of your soon-to-be-ex spouse. While most individuals will fight hard not to pay alimony to a former partner, paying child support is usually accepted, albeit grudgingly by some.

As a Birmingham family law and divorce lawyer, I understand how some consider child support to be a burden, especially when that party doesn’t get to see the kids on a daily basis. Over time however, even the best provider may ask himself, “do I need to keep paying support for these nearly adult-age kids?”

The fact of the matter is that in Alabama, the age of majority is 19. What this means is that child support comes to an end once that teenager hits 19. (Be careful, though, because there is a provision for post-minority support payments when it comes to helping with college tuition and such). But for our purposes here, 19 is the age at which child support is terminated.

That being said, I have run into situations where people have asked me whether or not an 18-year-old who joins the military or otherwise is on his or her own still qualifies for child support. Does that parent’s obligation to pay support end under these kinds of circumstances?

Simply put, a parent cannot simply cease payments because they feel the child is now functioning as an autonomous individual, and neither does the child support automatically stop. However, Alabama law does provide for these kinds of situations, such as an 18-year-old joining the military.

In such instances, Alabama law allows the parent who is providing child support to file a petition with the court requesting that the child in question be declared “emancipated.” If the court agrees and the petition is granted, then the child support will usually be terminated legally.

Depending on the circumstances, it is possible that a judge will concur that the child is emancipated and subsequently grant the request for termination. Keep in mind that this is completely up to the discretion of the court and is not necessarily guaranteed . As with any family law issue, it’s wise to seek the advice of a qualified legal professional.

Posted on March 26, 2010 by Steve Eversole

Alabama Divorce Attorney Update: Spouse's Destructive Behavior can lead to Separation and Divorce

Suspicion of infidelity is one of the first steps toward a broken marriage. But what if your spouse’s transgressions are not with another person, but with alcohol or drugs? Loss of love and trust through substance abuse can ruin a marriage as quickly as an affair. This is true whether you live in Montgomery, Hoover, Gadsden or Muscle Shoals.

As a Birmingham divorce lawyer and family law attorney, I’ve seen many different scenarios leading to marital disharmony -- infidelity, inappropriate sexual behavior, financial irresponsibility, alcoholism and drug abuse, just to name a few.

More than once I have been asked whether or not one or all of these problems is grounds for divorce. When it comes to drug abuse by one of the partners in a marriage, I find that occasionally the spouse who is concerned about his or her partner’s addiction may want to have that individual tested for drugs. The question is whether this is a legitimate or practical request.

Simply put, if a spouse in a divorce action is interested in having the offending partner tested for illicit or prescription drugs, that party may file a motion with the court requesting testing. At this point, the judge presiding over the divorce case will make a decision as to whether or not that motion will be granted.

In Alabama, if custody of a child or children is an issue, as well as cases involving visitation rights, the judge will usually grant a motion. Typically, there must be some basis or reason for suspecting substance abuse on the part of a spouse. If the court is convinced of that there is merit to the request, then the motion for drug testing will likely be granted.

Divorce cases can be very contentious. Because of this, it’s not uncommon to have the other party respond to the drug testing with a motion of their own for the same or similar testing. In such instances, the judge will usually order both parties in the divorce to be tested. One caveat: Don’t be too sure that you will pass a similar test. It has been known for the spouse who initiated the testing to test positive for some substance that could negatively impact your side of the divorce action.

Depending on the jurisdiction, a court may require hair follicle testing, which is reportedly more accurate than other methods and also provides results that date back farther in time. Frankly speaking, anyone who uses drugs is likely not fit to raise children in the first place, which means that if you want custody of your kids, do not use drugs. The courts are not very sympathetic when substance abuse is indicated by one or the other spouse.

Tags: Alabama Alimony, Alabama Divorce, Alabama Divorce Lawyer, Alabama Family Law Basics, Birmingham, Birmingham Divorce Mediation, Divorce, Divorce and Separation, Grounds for Divorce, Marriage, Parental Fitness, Property Division, alcoholism, attorney', family, law, separation, substance abuse

Posted on March 19, 2010 by Steve Eversole

Birmingham Divorce Update: The Importance of Choosing the Right Alabama Divorce Attorney

Whether you live in Huntsville, Bessemer, Tuscaloosa or any of the dozens of cities and towns throughout Alabama, picking the right divorce lawyer can make the difference between a painful and costly divorce and a smooth and equitable split. Since nearly 50 percent of all marriages end up in divorce, this it is very important to make the right choices, not only in your future spouse, but also in your divorce and family law attorney.

As an experienced Birmingham attorney well versed in divorce and family law, I have assisted many clients through what can be a harrowing and emotionally difficult time in their lives. If children are involved, then the added pain and hard feelings can compound the situation to the extent that it affects even the couple’s friends and relatives.

Choosing the right attorney can alleviate some of the emotional anguish that inevitably comes from such a legal separation. Having counseled many individuals contemplating and going through divorce, I would like to provide a few key points for finding a good divorce attorney:

1) First and foremost, choose a lawyer who specializes in family law. This goes without saying. A family law attorney should be completed prepared with the correct paperwork and forms necessary to an Alabama divorce action, which also helps to speed things along and save you time and effort.

2) Make a determination as to the gender of your attorney. Some people are more comfortable talking to a lawyer of the same sex as themselves, but you must decide for yourself.

3) Choose an attorney who is knowledgeable about and has handled case in the particular county in which your case will be heard. Having a lawyer who is familiar with the local judges and other attorneys will help you in the long run.

4) Interview your candidate to see if he or she will fight aggressively for you if the going gets nasty, as it often can. You never want to “pick fights” with your soon-to-be-ex spouse, but you do need a lawyer who understands your circumstances and will act always in your best interests.

5) Seek out friends and family members who have been divorced to get their thoughts on what to expect and who helped them the most. Divorce is no cakewalk, but you should be able to find someone in your extended circle of friends who believes that their case was handled well and in a straightforward manner.

6) Never be afraid to switch lawyers if you feel that you are not being represented in the best way. Sometimes there may simply be a clash of personalities, but whatever the reason, you need to feel comfortable with the attorney who is handling you case because it means so much to you and your family.

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce Lawyer, Alabama Divorce Mediation, Alabama Family Law Basics, Birmingham divorce lawyer, Birmingham family law attorney, Divorce, Divorce Mediation, Marriage, Property Division, choosing a lawyer, divorce decree, separation

Posted on March 12, 2010 by Steve Eversole

Alabama Divorce and Family Law: Is Your Former Spouse Talking about Moving Away with the Kids?

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.

Tags: Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce & Family Law Updates, Alabama Divorce Lawyer, Alabama Family Law Basics, Birmingham, Birmingham Child Support, Child Welfare, Divorce, Divorce and Separation, Marriage, Moving Away, Post-divorce, attorney', children, family, guardianship, law, separation

Posted on March 5, 2010 by Steve Eversole

Birmingham Divorce Lawyer Update: Can You Put the Brakes on an Alabama Divorce?

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.

Posted on February 26, 2010 by Steve Eversole

Birmingham Divorce Lawyer Update: Looking to be Awarded Alimony in Alabama?

In these cash-strapped times many spouses going through divorce are asking the same question: Will I be able to receive any Alimony payments? It’s a fact that the majority of alimony awards go to the wife. As an Alabama divorce attorney and family law lawyer, I am always oncerned that my clients receive their fair share of the marital assets as part of a divorce settlement. Whether you live in Hoover or Florence, Tuscaloosa, Bessemer or Homewood, your concerns will likely be the same.

In difficult economic times, alimony and child support can both be a function of an ex-spouse’s earning power. Alimony itself is a payment from one former marital partner to the other and is usually paid on a monthly basis. It is ordered by the court as continuing support for one of the former spouses following a divorce.

You should remember that alimony is a separate and distinct payment from any other kind of divorce-related payments, such as child support. As with most aspects of divorce in Alabama, the payment of alimony is decided by a divorce judge and is determined solely by the discretion of the court. In fact, alimony payments are decided based on the specifics of the individual divorce case and the needs and means of the respective parties.

Unfortunately for the divorcing spouses, there is no fixed rule that can be applied to the setting of alimony payment, or even if alimony is justified as part of a divorce settlement. Therefore, the determination of an alimony payment, if any, is always an open issue until decided by the judge overseeing the case.

Several factors that govern how a divorce court in Alabama will decide if alimony is justified include A) the financial need of the receiving spouse (usually the wife) and the ability of the paying spouse (quite often the husband) to pay; (B) the conduct of the individual parties as pertains to the cause(s) of the divorce; and C) the length of the marriage. In the end, whether or not you receive alimony could have a great impact on your ability to preserve your personal assets going forward.

As always, a good divorce lawyer and family law attorney can assist in a large part when going through the many times painful process of divorce. Having a qualified family law attorney by your side can help when it comes time to make the big decisions that could affect your life and the lives of your children fro some times to come.

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce Lawyer, Alabama Family Law Basics, Birmingham, Birmingham Child Support, Divorce, Divorce Mediation, Divorce and Separation, Marriage, Property Division, asset preservation, attorney, children

Posted on February 19, 2010 by Steve Eversole

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 3

To finish up my final installment of things married women in Alabama should keep in mind as they approach divorce or legal separation, I’m including a few additional points to consider in this time of emotional and financial upheaval. It makes no difference whether you live in Tuscaloosa, Birmingham, or Huntsville, the situation remains the same. Divorce is a sad fact for many women and going into it with yours eyes wide open is the best strategy for getting through with the least amount of surprises.

The decisions you make during a divorce proceeding can affect you and your kids for many years to come. The old adage, “Ignorance is Bliss,” is not the phrase you want to stand by in this case. Doing lots of research and finding an experienced divorce and family law attorney to be by your side is the best plan of action for any woman facing marital strife and ultimately, divorce.

As a Birmingham divorce attorney, my clients come first. Because my job is to help them throughout the divorce process, I also try to be there for emotional and moral support. The following are some final points to keep in mind when preparing to follow through with a divorce, or when you’re just doing some investigation for the future.

6) Hard as it may be, you must face your worst economic fears. We’ve all seen the ubiquitous “bag lady” and wondered how she arrived at that station in life. Similarly, it’s not surprising that many women experience the fear that they, too, will be left to fend for themselves, homeless on the street.

Suddenly being thrust into the position of being the sole breadwinner for your family can be a frightening prospect. Being primarily accountable for all aspects of your children’s lives going forward is a big responsibility, but don’t think you’re the only person ever to face the unknowns of post-divorce life.

Your income may come up short and the bills in the mail can seem relentless, but be assured that thousands of women every year make to this point and beyond. Just look around. You probably know more than a few divorced ladies who have faced the same challenges and still made a better life for themselves and their kids. Many became strong for the experience through the entire process.

Posted on February 12, 2010 by Steve Eversole

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 2

Previously, I touched on a couple points to remember when approaching divorce. Whether you live in Mobile, Dothan, Tuscaloosa of Huntsville, every woman going though or contemplating a divorce in Alabama should recognize some of the more common traps that people fall into during this emotionally draining time.

As a Birmingham divorce attorney, I always try to help my clients with all aspects of the divorce process. Whether you are just now thinking about becoming legally separated or already going through a divorce, you should always approach the process with a clear mind.

The following are some additional points to keep in mind when making the transition to being single again. Naturally, you should retain the services of an experienced divorce lawyer to make certain that you have covered all the areas that pertain to your circumstances.

3) Learn early on the details of custody in Alabama. Sadly for many women going through divorce today, gone are the days of courts automatically handing over custody to the children’s mother. While preference has tended to go to the mother in the past, this is no longer the case when determining a sole or primary custodian for the kids of divorced parents.

Since there exist multiple options and variations on both custody and parenting provisions, you should perform at least as much research on child custody as you probably did when it came to your pregnancy or schooling your children. The more you know going into the divorce process, the better prepared you will be when the time comes to arguing for custody of your kids.

4) Don’t always assume you absolutely must keep the house. This is one of the key mistakes that many women make when faced with divorce. And it’s not surprising since our homes often symbolize security and stability for the children. But temper this urge until you can truly assess the impact of keeping the house. Many times the costs can be much too high for a single parent.

Maybe you feel you can swing it, but also consider current market conditions and the state of the economy from a jobs perspective. Could you sell the house quickly and at the price you want if you lost you job? Renting has become a better option for some people ever since the economy got rough.

Do some number crunching with the help of a financial or legal advisor to determine all of the pros and cons of holding onto a home as a single parent. If you do decide to sell the house while the two of you are still married, or as part of a settlement, you can share the fix-up costs, carrying costs, brokerage fees and any capital gains tax with your spouse, rather than being solely responsible for them.

Posted on February 5, 2010 by Steve Eversole

Birmingham Divorce Lawyer: Common Errors Women Should Avoid when Going Through Divorce in Alabama -- Part 1

Whether you live in Bessemer, Homewood, Huntsville or Gadsden, Alabama, any woman considering divorce should be aware of the many pitfalls out there. As a Birmingham family law and divorce attorney, my job is to help guide my clients through what can be a very emotional and taxing time. Legal separation or divorce should always be approached with a eyes wide open, which is why I suggest a few things to avoid during this critical period.

While not an exhaustive list by any means, the following are some important points that every woman should keep in mind. As always, you should consult with an Alabama divorce lawyer to be sure all aspects of you’re individual circumstances are fully addressed. In coming weeks I’ll discuss a few more points.

1)
You must face the actual realities of a divorce. Since one partner or the other spouse is usually further along the emotional road to divorce, the one who is leaving the relationship may already be gone emotionally. This means that the other partner is typically expected to catch up with this early end to their marital dream while at the same time trying to get a hold of their emotional and financial future. Many times this is too much to absorb in a short time, but ignoring reality can be rather costly.

If the husband is the one leaving the relationship, the woman is more often left to address the pain of emotional betrayal while their soon-to-be-former marital partner is busy addressing what many see as the next level of betrayal that of the family finances. The answer here is to find a competent therapist or a reliable shoulder on which to cry. Do your best to “compartmentalize” as much of the emotional aspect of your pain in order to act quickly and deliberately to protect your assets.

2)
Understand that you may, in fact, be sleeping with the enemy. When we marry our future spouse, we tend to transfer all of our trust to that person -- the one we fell in love with. In most marriages, one spouse typically handles the finances while the other handles day-to-day household operations, such as feeding the kids and taking them to soccer practice and dance recitals.

Posted on January 29, 2010 by Steve Eversole

Alabama Divorce News: Elizabeth and John Edwards Separate following Affair and Child with Rielle Hunter

By now most everyone in Alabama, from Montgomery County to Mobile and all around the state, has heard the news of Elizabeth and John Edwards’ separation following the husband's not-so-secret affair that destroyed the couple’s marriage of 32 years. Elizabeth Edwards announced that she is separated from the former presidential hopeful and plans to move on with her life by putting such a difficult and hurtful event behind her. Can divorce be far behind for these two?

As a Birmingham divorce lawyer and family law attorney, this kind of scenario plays out across Alabama every year, so it’s no surprise that even the rich and famous get caught in the infidelity game more often than not. As for Edwards, her story is doubly sad due to her previous diagnosis of stage four breast cancer. Whatever the circumstances, the cheating spouse usually makes a mistake along the way that exposes him or her to the light of day.

On more than one occasion, I myself have been asked by potential clients what they should do if and when they suspect their spouse is cheating. There are a couple things that someone can do when contemplating a divorce of a spouse who might be having an affair on the side.

For starters, one must definitely think about retaining a private investigator to do some research into suspicious activities. In Alabama, having proof that a spouse has been cheating may have a direct affect on the property settlement in a divorce case. Fault grounds can also affect the amount of alimony the court grants to the injured party.

Furthermore, depending on whether the couple has children who were affected by the offending spouse’s conduct, this too may influence the court’s determination when it comes to custody of the kids.

A second and equally important step would be to have yourself tested for any sexually transmitted diseases (STDs). While this can be a difficult thing to face, it is very important for your own well-being and peace of mind. The sooner you find out if you have contracted an STD, the sooner you can be treated if necessary.

If you have been diagnosed with an STD, this can also significantly affect the direction fo the divorce proceedings and may be the basis of additional legal claims against the offending spouse. An experienced divorce and family law attorney is invaluable in any legal separation or divorce action and will be able to advise you on this and other issues connected with your case.

How He Got Caught, Slate.com, January 29, 2010

Tags: Alabama Child Custody Visitation, Alabama Divorce, Alabama Property Division, Alabama family law attorney, Alimony, Birmingham divorce attorney, Birmingham divorce lawyer, Child Custody, Child Support, Divorce, Divorce and Separation, Marriage, No-fault divorce, assets, divorce decree, family, fault grounds, legal separation, marriage dissolution

Posted on January 22, 2010 by Steve Eversole

Birmingham Divorce Attorney Update: When Divorcing in Alabama, What should You Tell Your Kids

How much information is too much information? Going through a divorce in Alabama can be a difficult journey. Regardless of whether you live in Mobile, Birmingham, Huntsville or any of the hundreds of cities and towns across the state, the subject of divorce or legal separation can be a minefield. Spouses who are splitting up have a hard enough time discussing details with family and friends, but what of the children? How much should you share with them, if anything?

As a Birmingham Divorce Attorney practicing throughout Alabama, I have seen it all when it comes to separation and divorce. I feel the heartbreak and sense the hard feelings that can arise during this kind of life-changing event. But my knowledge and years of experience have given me the tools to help my clients make it through one of the toughest times of their life.

For sure, one of the most difficult aspects of divorce is the effect it can have on children. Divorce can be extremely trying especially where kids are involved. In many instances, my clients confide in me by asking how they should break the news to their children. Quite often, they don’t even know how they should act or behave toward their kids once a divorce has been finalized.

Of course, it can be difficult to take your children’s needs into account during the process of a divorce in Alabama. There are many and varied aspects to the process including Spousal support, division of assets, and guardianship.

If you are considering divorce, or know someone who is going through or contemplating such an action, you may want to keep the following items in mind regarding the younger members of the household. Children need and have the right to the following, especially in times of family upheaval:

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce Lawyer, Alabama Family Law Basics, Birmingham, Birmingham Child Support, Child Psychology & Divorce, Divorce, Divorce Mediation, Divorce and Separation, Marriage, Property Division, attorney', children, family, guardianship, law, separation

Posted on January 15, 2010 by Steve Eversole

Birmingham Family Law Update: Understanding No-fault Divorce in Alabama

Last week I discussed an approach to achieving a mutual divorce settlement vis-à-vis No-fault divorce. As a Birmingham divorce attorney who has represented dozens of individuals going through what must be one of the most difficult times in any married person’s life, I can say that cooperation is one of the best ways to make a divorce proceeding go smoothly.

Frankly, in Alabama or anywhere else for that matter, separation and divorce can be life-altering events that tear at the hearts and emotions of the spouses affected, not to mention their families and even friends. Maintaining a cool approach, as hard as it may be, is one of the best things you can do for yourself at this difficult time.

Previously, I talked about how to make the process work. Here, I’m going to review the “mechanics” of a No-fault divorce here in Alabama. Before I start, I’ll remind folks again that it is essential for both parties to avoid any hostile or accusatorial tone if they wish the divorce process to go smoothly. Stay calm and you will have a much better opportunity to settle your differences and move on with your separate lives.

As for the legal grounds for an Alabama No-fault divorce includes the following:

An incompatibility of temperament that results in the two parties’ inability to live together
An irreversible and permanent breakdown of the marital union, which makes any attempts at reconciliation either impractical, futile, or not in the best interests of the two spouses or the family in general
The voluntary abandonment by one of the spouses from bed and board for one year preceding the filing of the divorce complaint

To initiate a No-fault divorce in Alabama, one of the above reasons must be specified on a state document (Complaint for Divorce) and filed with the court. Following this, and having agreed to avoid personal attacks and accusations, the two parties should be ready and willing to accept the legal reasons for a No-fault divorce. Now it is time to meet with your individual attorneys to discuss the details of the marriage dissolution.

After accepting the reasons for the divorce, both spouses should be prepared to discuss three specific areas that must be addressed and agreed to before the dissolution of the marriage. These areas include the following:

Community finances
Assets
Children

Tags: Alabama Child Custody & Visitation, Alabama Divorce, Alabama Property Division, Alabama family law attorney, Alimony, Birmingham divorce lawyer, Child Custody, Child Support, Divorce, Divorce & Separation, Marriage, No-fault divorce, assets, divorce decree, family, legal separation, marriage dissolution

Posted on January 8, 2010 by Steve Eversole

Birmingham Divorce Update: Is There Such a Thing as a Pleasant Alabama Divorce?

One of the more frequent causes of divorce can usually be summed up in one word: Incompatibility. As a divorce lawyer practicing in the Birmingham area, I can say that many divorces are the result of an unpleasant or contentious marital relationship. However, this doesn’t mean that the divorce process or the court proceedings surrounding it must necessarily be fraught with acrimony and bitterness.

While the primary job of a divorce and family law attorney is to fight for his or her client’s best interests, it is important that a lawyer also be compassionate and provide a buffer between the client and the other party. Nothing is gained by getting angry during a divorce action, so this is always something to keep in mind.

Now the question I will pose here is, can there be any such thing as a friendly divorce? Fortunately for many people, the answer is yes. Because Alabama is a No-Fault (also known as uncontested) divorce state, regardless of whether you live in large cities such as Birmingham and Montgomery, or any of the other smaller cities and towns throughout Alabama, an individual can usually obtain a divorce without too many legal complications.

There is a caveat here: you and your spouse must agree to the terms of the divorce in an amicable and friendly manner. This is critical as any history of domestic violence in a marital relationship could easily derail a friendly divorce and could even make things worse. Therefore, if there is a history of domestic violence it is highly recommended that you retain professional legal counsel when pursuing a No-Fault divorce in Alabama.

Once you and your spouse realize the marriage is over, and if you can get past that initial shock and anger of realizing there is no going back, then you may have a chance to honestly look at a No-Fault divorce for your situation.

This can only happen if both parties act in a mature and responsible manner. Try to keep things on a friendly basis, because these is no reason for anything hostile or antagonistic to happen during this time. A key here is to avoid resurrecting the reasons why you are getting a divorce in the first place. Keep it civil and your chances of getting through the proceedings will improve dramatically.

Frankly speaking, if your differences are irreconcilable, then these individual reasons will only be impediments to achieving an amicable and “friendly” resolution. Keeping this in mind and seeking the services of a qualified and experienced family law and divorce attorney will help you get through the divorce and on to a new and better life for yourself and your family.

Tags: Alabama Divorce, Alabama Divorce Lawyer, Birmingham, Divorce, Divorce and Separation, Marriage, No-fault divorce, attorney, divorce decree, legal separation, marriage dissolution, separation

Posted on December 31, 2009 by Steve Eversole

Alabama Divorce and Family Law News: Sarah Palin's Grandson in Middle of Child Custody Battle

A fight over child custody can be a painful and wrenching experience for any family. As an Alabama family law attorney and divorce lawyer in the Birmingham area, I have seen the emotional torrent that swirls around all parties in hotly contested custody battles. In the case of former vice-presidential hopeful Sarah Palin’s grandson, Tripp, hopefully the child’s young age will at least spare him from most of the drama.

Recently, news agencies have been talking about the latest saga of Bristol Palin and her former boyfriend and fiancée, Levi Johnston. According to reports, Johnston has been on a so-called campaign against Alaska’s former “first family” by revealing a variety of family secrets.

Regarding the recent custody case over young Tripp, public records from an Alaskan court have revealed a heated battle between Palin's daughter and the father of her grandson. Bristol Palin had asked the court to keep the proceedings closed, but that request was denied a Superior Court judge -- a temporary order had authorized the use of pseudonyms while the court was considering the request, which stated that no good "could result to the child by an onslaught of media."

Johnston’s stance was that he didn’t feel protected against Sarah Palin in a closed setting. The father of one-year-old Tripp had been pushing for open court proceedings, saying he just wanted a simple case based on its merit. A qualified family law attorney can be a great asset in cases not unlike this one

According to news articles, Bristol Palin had petitioned the court in early November last year, asking for sole custody as well as child support. The petition also requested a visitation schedule for Johnston, saying that the former fiance had exercised "sporadic visitation rights."

The eldest daughter of Sarah Palin, Bristol Palin's custody petition called Johnston's recent nude photo shoot for Playgirl magazine "risque." She also noted that the man’s mother, Sherry Johnston, should not be allowed unsupervised visits with the baby following her drug arrest. Sherry Johnston, who is reportedly serving a three-year sentence under home confinement, was again sentenced last month on a guilty plea to one count of possession with intent to deliver the painkiller OxyContin.

In a motion opposing closed proceedings, Johnston's attorney argued that Bristol Palin had not shown what sort of evidence could stigmatize the child. The lawyer said that the Palin-Johnston case has similar facts that accompany open child custody cases every day in the Alaskan court system.

Bristol Palin seeks full custody of baby, MSN.com, December 29, 2009

Tags: Alabama, Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Child Custody and Visitation, Alabama Divorce, Birmingham divorce lawyer, Child Custody, Custody proceedings, Family Law Attorney, grandparent rights, visitation rights

Posted on December 11, 2009 by Steve Eversole

Alabama Divorce News: Tiger Woods' Wife Rumored to be Talking to Divorce Attorney

In the recent maelstrom of mistress allegations, Tiger Woods may be headed to divorce court if the gossip pages are correct. As a Birmingham divorce and family law attorney, I have first-hand experience with divorce and separation cases involving infidelity in a marriage. While Mr. Woods’ situation is perhaps more extreme than most, the result -- a wife deciding to consult a divorce lawyer -- is nothing new in my profession.

Revelations of a single or as in this case multiple affairs can quickly push a marriage toward divorce or, at best, legal separation. Sports figures, entertainers and other personalities can sometimes be more prone to marital troubles than the rest of us, it’s a big let down to those who revere these high-profile names.

In this case, according to various news reports, Elin Nordegren is planning to divorce the fallen golf icon. That piece of information came from a source, who recently spoke to People magazine, adding that Nordegren has “made up her mind." More damning is the reports from the New York Daily News, which reported that the 29-year-old Nordegren and husband Tiger would be “going their separate ways for the holidays.”

The article says that the former model will be heading to Sweden with the couple’s two children, while Woods will be staying home. According to reports, the golfer is looking for a “safe harbor” and waiting for the storm to settle. He reportedly will be spending the holidays with two or three of his male friends.

Reports also state that a friend of Woods claims the golf great had likely cheated on Nordegren with more than the dozen or so women who have already emerged since Thanksgiving. The latest news reports allege that Woods wired thousands of dollars every month to several women, with one receiving up to $20,000 a month, according to MSNBC.

Tiger Woods' wife Elin Nordegren ready for divorce: report, NYDailyNews.com, December 16, 2009

Posted on December 4, 2009 by Steve Eversole

Alabama Divorce News: Visitation Schedules can be Flexible in the Eyes of the Court

As a Birmingham, AL, divorce lawyer and family law attorney I get many questions from clients regarding all aspects of divorce, separation, child custody and other divorce-related topics. This is a difficult time for all parties in a divorce, but there are some key topics that concern many a spouse and parent affected by legal separation and especially divorce, namely visitation rights.

What is Standard Visitation?
Depending on where you live in Alabama, you may have questions on what is standard visitation for any minor children involved in a divorce. While the custodial parent has little concern in this area, in my experience shows that the non-custodial parent is the one who is almost always anxious about the court’s decision regarding visitation.

In theory, most domestic relations and/or juvenile court judges have very wide latitude when it comes to visitation schedules. In fact, the court usually decides on a case-by-case basis what is best for the children. Depending on the facts and circumstances, the visitation schedule for one couple can be very different from that of another.

While there exist visitation guidelines, it is widely understood that most judges settle on their own “standard visitation” schedules, which they place in their orders. Because each judge has rather wide discretion to fashion a special visitation schedule for a particular couple, the parties going through the divorce should be prepared for certain deviations. This is why it is always advisable to retain the services of a qualified divorce and family law attorney.

It is also important to note that even the final order can vary slightly from the basic order. For instance, in one jurisdiction a Wednesday night could maybe be added if the parties ask for it, but the court may not allow much more that that, in spite of any agreements between the two parties. However in an adjoining county, you may well find that a Wednesday night is already part of the standard order.

In the end, divorcing parents will find that cooperation is the best approach when it comes to visitation. This is because the visitation order usually only applies when the parties cannot agree on their own schedule -- serving as a minimum allotment of time for the non-custodial parent to get his or her share of visitation. But if you both can agree on your a mutual schedule, then your are free to create and follow that no matter what the judge’s order states.

Tags: Alabama, Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Divorce, Birmingham divorce lawyer, Child Custody, Custody, Family Law Attorney, non-custodial parent, visitation rights

Posted on November 20, 2009 by Steve Eversole

Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 2

When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and other marital and post-marital agreements remains one of sympathetic, yet aggressive advocacy.

My years of experience in divorce-related and family law matters has equipped me to provide the necessary counsel during one of the most trying times in a person’s life. Here are some additional legal terms you may run across when facing a divorce or separation in the state of Alabama.

Alimony, Maintenance, Spousal Support
The awarding of alimony is determined by the court based on the need of the spouse requesting alimony and the ability of the other to pay. If fault is a factor in the divorce, the judge has the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify. However, any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount of alimony.

Child Custody
Child support is determined using the Income Shares model, with the theory that children should continue to receive that same amount of support as if the parents were still together.

Child Custody
The courts in Alabama strives to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court shall in every case consider joint custody, however it may award any form of custody which is determined to be in the best interest of the child.

Joint custody does not necessarily mean equal physical custody. In determining whether joint custody is in the best interest of the child, courts typically consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

The agreement or lack of agreement of the parents on joint custody
The past and present ability of the parents to cooperate with each other and make decisions jointly
The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent
Any history of or potential for child abuse, spouse abuse, or kidnapping
The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody

Tags: Alabama Divorce, Alabama divorce lawyer, , Birmingham, Child Custody, Child Support, Divorce, Divorce & Separation, Marriage, attorney', decree, family, formal separation, legal separation, marriage dissolution

Posted on October 30, 2009 by Steve Eversole

Birmingham Divorce Update: Discussing Money Matters can make a Marriage More Secure

The causes for divorce are many, but one of the primary reasons couples in Alabama get divorced is due to issues surrounding money. Whether it’s poor financial planning, excessive spending by one or both spouses or simply constant disagreement over household financial priorities, money can be the bane of a marital relationship. A surprisingly large percentage of people who become legally separated, as well as those who actually go through divorce, will tell you that money was the culprit.

As a Birmingham family law and divorce attorney, I’ll add that it’s not just money, but the lack of communication about money that trips people up. A good marriage thrives on communication. Lack of communication hardly ever helps a relationship survive and often leads to divorce.

A recent New York Times article addressed this subject. There are several things to keep in mind when approaching the subject of household finances. Whether you’re living together and planning to get married, or married already, these pointers may make the difference in whether or not your future together will be relatively smooth going or rocky from the start.

Money: Topics of Conversation

Explore with your partner each other’s background as it applies to financial education. Did your parents teach you about money and personal finances? And what is your “financial philosophy”?
Talk about credit. Does each person know his or her credit score? Be honest about why your score may be low or how it could be improved. How can your credit scores and credit history affect your future as a married couple? Will they affect your goals?
Discuss who will take the lead in handling the family finances. Who handles it now? And who will decide how much each person can spend in order to maintain a positive cash flow for the family?
Talk about where you want to be financially in five years. Where do you want to be in 10 or 20 years? And what are your individual goals for retirement?

Marital Finances: For Richer, For Poorer
It’s hard to get through modern life these days without money, but when two people commit legally to each other, as with a marriage, each other’s finances become tied together, legally. A couple looking toward marriage should consider how the future combining of that pool of savings, income and finances will affect their life together. It can make for a smooth transition to a happy and growing marital relationship.

As a divorce lawyer in Alabama, I’ve seen the result of poor financial planning and bad money management and how these can negatively impact a marriage. Love may be the reason you got together, but money can be your undoing. My advice is to be open and talk about each other’s wants and needs. You may find that it’s liberating and takes the guesswork out of planning for your happy future together.

Money Talks to Have Before Marriage, NYTimes.com, October 23, 2009

Tags: Alabama Divorce, Alabama Marriage, Birmingham divorce lawyer, Divorce, Financial Issues, Marital Agreement, Marriage, Money, alabama divorce attorney, finances, separation

Posted on October 16, 2009 by Steve Eversole

Alabama Divorce and Family Law Update: More Child Custody Concerns

In Alabama, as in other parts of the country, there are certain issues that accompany divorce. As a Birmingham divorce and family law attorney, my office handles all aspects of legal separation, divorce, marital agreements and other legal matters affecting couples in Birmingham and the surrounding area. Anyone with kids who is going through or contemplating a divorce should consider the laws governing custody and visitation rights.

Custody in Alabama
The law provides for three different types of child custody: That of temporary custody, physical custody and, of course, legal custody. In Alabama, the courts typically encourage folks to share responsibility for their children by ordering joint custody whenever practical and physically possible. However, numerous factors must be considered before making this judgment.

It’s important to note that the courts in Birmingham, Montgomery and other cities and towns throughout the state are always able to deviate from the general rule as long as it is in the best interest of the child (or children).

Temporary Custody
This approach to custody, temporary, is exactly what it sounds like. Usually when a couple with children at home files for a divorce, the court will automatically enter and order for temporary child custody. This is just for the duration of the proceedings so that the children’s immediate interests are addressed, but the final custody decision always overrides this order at the conclusion of the divorce. The marital agreement should include the court’s final custody and visitation order.

Legal Custody
The final marital agreement will include a legal child custody order. Joint legal custody means that both parents make the major decisions that affect any children the couple may have. Naturally, the courts look for a cooperative attitude between the parents to ensure that the decisions will be made jointly and in the best interest of the children.

Alabama Joint Custody
An important point to make here is that the State of Alabama has a policy, which is governed by Alabama law that encourages the court to order joint custody in all custody cases, but allows the courts to deviate from that rule if it is in the best of the children.
If it deviates a court wishes to deviate from public policy, the court must state its findings in the record.

These are all practical considerations for any spouse to consider when children are involved. I always encourage people in this difficult time of their lives to consult early with a qualified divorce and family law attorney. A qualified legal expert can explain the various forms of custody, and answer any other questions you may have about divorce, custody or visitation orders.

Tags: Alabama, Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Divorce, Birmingham divorce lawyer, Child Custody, Custody, Family Law, attorney, visitation

Posted on October 9, 2009 by Steve Eversole

Birmingham Divorce Law: Understanding Child Custody here in Alabama

One of the biggest concerns among parents going through a divorce is the law’s affect on the custody of the children. In this respect, couples without kids have less to worry about, but having a qualified family law and divorce attorney at your side is the first step toward a better outcome. Here in Birmingham, and across Alabama as well, the courts have a great deal of discretion when it comes to child custody cases.

In any custody proceeding, the child or children in question become wards of the court, and as such the court is entirely concerned with any issues affecting those children. For example, in Ex parte Divine, the Alabama Supreme Court listed a dozen factors that must be considered when deciding upon the best interests of a child during a custody proceeding. These include:

Sex and age(s) of the child or children
Emotional, social, moral, material and educational needs of each child
Type of home environment offered by each parent
Each parent’s age, character, stability, and mental and physical health
The individual parent’s capacity and interest in providing for the emotional, social, etc., needs of child or children
Relationship between each child and each parent
Relationship between the children themselves
Effect on the children that disrupting, or continuing, an existing custodial arrangement would possibly cause
Any preference(s) of child or children, assuming they are of sufficient age and maturity
Recommendations of experts
Any available alternatives
Any relevant matters

Understand that past performance is often quite crucial in the court’s determination as to custody of a child. However, a spouse's prior performance may not be an accurate portrait of their future performance once the realities of a divorce become known. For example, a spouse who used to work at home taking care of the kids may not be able to stay home full-time once the divorce is final. This happens frequently as the financial situation of one of the two parents usually changes substantially after the divorce. The same can be said for his or her time constraints and other realities, which may have changed as well.

Because of this, the court has ultimate power in determining the custody situation with each child during the proceedings. This is just one more reason why my firm advocates divorce mediation and collaborative legal processes whenever possible. Parents should be the ones determining your child's best interests, not the courts.

Tags: Alabama, Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Divorce, Birmingham divorce lawyer, Child Custody, Custody, attorney', family, law, visitation

Posted on October 2, 2009 by Steve Eversole

Marriage in Birmingham, Alabama: Before and After Divorce

Marriage is a sacred institution which sometimes becomes a trial for those ill-suited to the needs of another, or the sacrifices which a marital partnership requires. As a Birmingham divorce lawyer and family law attorney, I have helped many couples through their individual rough patches. Unfortunately, even the best of counseling cannot hold together a relationship that has fallen apart. That is when legal separation or actual divorce become the only alternative, sad to say.

To begin, in Alabama a valid marriage is marked by a number of conditions. Each of these, and as a group, helps to define what is or is not a legal marriage in the state of Alabama. They include the following:

Nobody under 14 years of age has the capacity to contract marriage
For all persons under the age of 18, the consent of a parent or guardian is absolutely required
Both parties to the marriage must be of sound mind
Each must be able to contract marriage, and
The parties cannot be related, at least within a prohibited degree as defined by the state

The Alabama Marriage Protection Act, which was made into law in 1998, specifies that marriage is an inherently unique relationship between a man and a women. A marriage contracted between individuals of the same sex is invalid in Alabama. ALA. CODE 30-1-19(b) (1975). Furthermore, the act also holds that the State of Alabama shall not recognize the marriage of parties of the same sex from other states.

Finally, a marriage cannot exist without the mutual consent of both parties. Since consent is lacking if a previous marriage existed, or when consent is procured by duress, a marriage is not valid when obtained under either circumstance. This is when my work as a divorce lawyer must inevietably come into play. Divorce legally separates and divides a family's assets, and in some cases it actually divides the family. But this is a discussion for another time.

Tags: Alabama Divorce, Alabama Family Law, Alabama Marriage, Birmingham, Divorce, Divorce Attorney, Family Law Updates, Legal Grounds, age of consent, attorney', marriage contract, same sex marriage

Posted on September 4, 2009 by Steve Eversole

Common Law Marriage and Divorce: What Cohabitating Alabama Couples should Know

With an apparent trend lower in the divorce rate across the country and likely in Alabama as well, many couples might feel that cohabitation is a viable alternative to marriage. As a Birmingham family law and divorce attorney, I know the pitfalls of this kind of approach to a long-term relationship. When it comes to separation and divorce, one or both of the parties in a live-in relationship may think they are avoiding the complications associated with a traditional marriage, but you might be surprised to know that this may not be the case here in Alabama.

Certainly, it seems that on the surface cohabitation free one party from any legal responsibility to the other in cases where the relationship doesn’t work out and the two people part ways. However, Alabama is one of the few states that still recognizes common law marriage, which is defined roughly as a union between two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by cohabitation.

Furthermore, cohabitating couples in Alabama may be shocked to learn that they could already be married in the eyes of the law, and with that, be affected by the same laws that pertain to other, legally married couples in terms of divorce, spousal and child support, division of property and other aspects of a divorce. Even if divorce is not the issue, there are other aspects that may be of particular importance to one or the other party, such as property ownership, rights of survivorship, spousal benefits, and other marital amenities.

Although common law marriage is prohibited in most parts of the United States, the Full Faith and Credit Clause of the U.S. Constitution requires all states that prohibit it to nonetheless recognize a common law marriage created in a jurisdiction that allows it, such as Alabama. In fact, the laws in all states require a common-law spouse to obtain a divorce before remarrying.

Tags: Alabama Divorce, Alabama Divorce Law, Alimony, Birmingham divorce lawyer, Child Support, Common Law Marriage, Custody, Divorce, cohabitation, common property, common-law spouse, living arrangement, separation, spousal support

Posted on August 27, 2009 by Steve Eversole

Divorce Rate Trending Down in Alabama and the U.S., But Why?

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.

Tags: Alabama Divorce, Birmingham divorce lawyer, Divorce Rate, Gov. Stanford, alabama divorce attorney, infidelity

Posted on August 21, 2009 by Steve Eversole

Divorce and the Military: Alabama's Citizen Soldiers should Choose an Attorney Wisely

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.

Tags: Alabama Divorce, Alabama Divorce Law, Alimony, Army, Birmingham divorce lawyer, Custody, Marines, Military Divorce, National Guard, Navy, active duty, overseas assignment, separation, spousal support

Posted on August 14, 2009 by Steve Eversole

Reasons for Divorce in Alabama: Domestic Violence Involving Children

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:

Non-accidental physical injury
Sexual abuse or attempted sexual abuse
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:

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

Tags: Alabama Divorce, Alabama family law attorney, Birmingham divorce lawyer, child abuse, ground for divorce, separation, sexual abuse, sexual exploitation

Posted on July 31, 2009 by Steve Eversole

Divorce and Bankruptcy in Alabama: The View from a Birmingham Lawyer's Perspective

These days it’s not hard to find families in distress. Divorce and separation loom large as people face a variety of stress factors that make for a daunting day-to-day existence for many married couples. Along with all the other challenges of married life, the current world economic situation has created more difficulties. From Birmingham and Huntsville to Montgomery and Mobile, we can all see it. As an Alabama divorce lawyer and family law attorney, I hear on a daily basis the hardships taken on by many married couples around our state.

Anybody who has ever been married knows that trouble with the family finances can easily trigger marital discord. In fact, financial stress is one of the most common factors leading to divorce. The past couple years have been extremely difficult, even for the most well-adjusted couples. Everyone is feeling the pressure and uncertainty of the global economy.

Some things cannot be controlled, but one point to keep in mind is that when family problems lead to divorce, it can be very tough on a person's finances. Of course, divorce itself can add to your costs, such as legal fees, a possible second residence and sometimes shared custody or support orders.

This is a lot to consider, especially if you are already in debt. Any additional financial obligations can quickly become overwhelming. With constant calls from creditors, some people begin to feel trapped to the point of filing for bankruptcy. But bankruptcy can also greatly impact certain aspects of your divorce.

For instance, which proceeding you file first can change what you own and owe under the law. Following a divorce, the language used in the divorce decree can even determine whether spouses' debts to one another are wiped out by the bankruptcy. If you're considering a bankruptcy during or after divorce, or if your former spouse is considering it, you must speak with a qualified family law attorney. I cannot stress this enough.

In a nutshell, most people have two options open to them. In a Chapter 7, or liquidation, bankruptcy, a person sells all of his or her assets they can in order to pay off your creditors. Any remaining bills are then forgiven. In a Chapter 13, or restructuring, bankruptcy, a person chooses to keep their assets while making a plan to gradually repay their creditors over a three- to five-year period.

Tags: Alabama Divorce, Alabama family law attorney, Birmingham divorce lawyer, Chapter 13, Chapter 7, Child Support, Divorce Attorney, Divorce Planning, Financial Planning, alimony payments, bankruptcy, creditors, finances, legal fees, second residence

Posted on July 24, 2009 by Steve Eversole

Legal Advice from Birmingham: Compromise is a Necessary Evil in Divorce

Divorce. It can be messy. It’s never easy. And many folks have been there. One thing I can tell you without hesitation, as an experienced Alabama divorce lawyer, you sometimes have to make a compromise to get the best outcome. Working out of Birmingham, AL, I’ve represented numerous spouses seeking separation or divorce. An uncontested divorce is not uncommong, but many divorces are fraught with challenges from both sides. Many of my past clients believed that mediation was out of the question, mainly because they were totally in the right and there “less-than-better-half” was completely in the wrong.

One thing you must consider when contemplating this kind of all-or-nothing approach is that the court may not agree with you. But listening to your divorce attorney is the best thing you can do. I and other family law attorneys across the state of Alabama know how divorce court functions. Whether you’re here in Birmingham, or out in Tuscaloosa, in and around Bessemer, or over by Gadsden, you’ll hear similar advice. Knowing when to compromise, versus taking your divorce to trial, is critical to a successful and satisfying outcome.

A family law attorney can guide you through a divorce with better judgment than if you drive the bus yourself. Without compromise, you will likely have to take your divorce case to trial, which in itself can be a difficult decision for any husband or wife. At the same time, by going to trial you are taking your chances not only with the outcome, but also with the cost -- in terms of time and money -- of extended litigation.

I’ll be the first to acknowledge that no person involved in a divorce wants to consent to an agreement that does not fully protect his or her property rights, future financial security or the custody of the children, if any. But naturally, if you do to go to trial with your divorce case, you will definitely benefit from an experienced and dedicated attorney by your side who will passionately advocate for the protection of your rights and seek the best possible results on your behalf.

So if you’re contemplating divorce, please consider the realities of your situation and try to put your emotions on the back burner. A little anger is healthy, but too much can cloud your thinking and cause you to make choices that you may regret later on. Pay attention to what your lawyer has to say. His or her opinion can be more valuable than you might imagine.

Tags: Alabama, Alabama Divorce, Birmingham, Divorce, Divorce & Separation, Family Law Attorney, Legal, Mediation, bham divorce attorney, separation, spouse, uncontested

Posted on July 3, 2009 by Steve Eversole

Birmingham Family Law: Divorce and Domestic Violence in Alabama

Even as a Birmingham divorce and family law attorney, I personally hate to see people get divorced. For the children of parents going through a divorce, for the other family members and even for the couple’s friends and neighbors, it’s a very difficult and stressful time. But there are instances when I have no qualms about recommending divorce and that is where domestic violence is involved. I cannot tolerate spousal abuse, and I’m certain every thinking person out there cannot either.

Did you know that each year, nearly four million women are physically assaulted by their partner in the United States? That’s an awful statistic, and worthy of some serious thought. While most divorces have more to do with some form of incompatibility, a fair number are in response to violence. Of course, domestic violence doesn’t always have to be physical in nature. I’ve represented more than a few clients whose spouses used a psychological approach to antagonize and abuse their wife, or husband.

Every week we hear news stories of physical violence that can arise during a marriage, but even afterward the abuser can reach out to the victim again and again. Recently, I ran across a positive story of a domestic abuse survivor who says that in sharing her story, she hopes to keep others from having the same fate as many tragic victims of domestic violence. This woman was physically attacked by her abuser, who literally was trying to kill her.

The television report provided important warnings on how other victims can hopefully avoid a similar situation. For instance, they advise that one should never meet with their abuser in private. Seemingly innocent excuses can be a smokescreen meant to fool the victim into meeting, such as asking a former spouse to stop by to feed a family pet. It can be a dangerous lure.

Bottom line: When it comes to domestic abuse, avoid all contact with the other party -- take advantage of caller ID and simply don’t answer the phone when he calls. And if you’re not certain how to start, by all means contact an experienced family law attorney to find out your rights and how to legally protect yourself and your children.

Surviving Domestic Violence, NBCAugusta.com, June 22, 2009

Tags: Alabama Divorce, Birmingham, Divorce Attorney, Domestic Abuse, Family Law, Physical, Spousal Abuse, Victim, Violence

Posted on May 2, 2009 by Steve Eversole

Divorcing in Alabama? Don't Forget Your Children's Needs

As a Birmingham Divorce Attorney, I have seen the good and the bad when it comes to divorce in Alabama. I know the heartbreak and hard feelings that can arise during life-changing events such as separation and divorce. My knowledge and experience give me the tools to help clients through those roughest of times.

One thing that makes my job both difficult and rewarding is the children. Divorce is very trying especially when kids are involved, and I’ve had many clients confide in me that they didn’t know how to break the news to their children, or even how to behave toward their kids once all was said and done. But youngsters are resilient, and if anything, parents must remember that children, as members of the family, have rights and deserve your respect.

It is sometimes hard to take into account a child’s needs amidst all the other aspects of a divorce, such as division of assets, spousal support and guardianship. Therefore, if you are considering divorce, or know someone who is going through or contemplating such an action, you may want to keep the following list in mind regarding the younger members of the household. Kids need and have the right to the following, especially in times of family upheaval:

Being free of the conflict between the parents
Developing and maintaining an independent relationship with each parent
Being free from having to take over the parental responsibility for making custody and/or visitation decisions
Being free from having to take sides with, defend, or lessen the value of either parent
Being guided, taught, supervised, disciplined and nurtured by each parent, without interference from the other parent
Being financially supported by both parents, regardless of how much time is spent with each parent
Spending time with each parent, regardless of whether or not financial support is given
Having a personal sleeping area and space for possessions in each parent’s home
Being physically safe and adequately supervised when in the care of each parent
Having a stable, consistent and responsible child care arrangement when not supervised by the parents
Developing and maintaining meaningful relationships with other significant adults, as long as these relationships do not interfere with or replace the children’s primary relationship with their parents
Expecting that both parents will follow through with the child care plan, honoring specific commitments for scheduled time with the children
Expecting that both parents stay informed about medical, dental, educational and legal matters concerning the children, unless such disclosure would prove harmful to the children
Expecting that their parents will consider any special needs (developmental, mental, emotional or physical) they might have when arranging a child care plan
Participating in age-appropriate activities so long as these activities do not significantly impair their relationship with either parent

Should you need professional legal advice on divorce, child custody or any other area of family law, we at Eversole Law are ready, willing and able to help. We have the expertise and compassion to guide you through this difficult time.

Tags: Alabama Divorce, Child Psychology & Divorce, Divorce, Divorce and Separation, Family Law, children, guardianship

Posted on April 13, 2008 by Steve Eversole

Divorce Requires Proper Financial Planning

Divorce requires proper financial planning. This statement seems obvious but is often overlooked by many inexperienced divorce practitioners. While property division, child support and alimony are often negotiated, other equally important aspects of divorce planning may go overlooked. Life insurance is an often overlooked aspect of divorce proceedings. For instance, what happens if the person required to pay alimony or child support dies? An article detailing these exact divorce planning concerns can be found here. As a practicing Alabama divorce and family law attorney and lawyer, I always insist that my divorce clients are protected from such an eventuality, by making sure those responsible for child support payments or alimony are required to maintain a life insurance policy.

This is just one more reason why anyone considering a divorce should contact an experienced Alabama divorce and family lawyer. Divorce is not a simple matter and should be undertaken only by an attorney or law firm that focuses its practice on Alabama divorce law. A good Alabama divorce lawyer must understand taxes, be a financial planner, understand the myriad aspects of divorce law, including child support, alimony, child visitation, child custody etc., and must be an aggressive litigator and excellent communicator.

Tags: 'Divorce, Alabama Divorce, Divorce & Life Insurance, Financial Planning & Divorce, Planning"

Posted on April 8, 2008 by Steve Eversole

Alabama Divorce Law & Contempt of Court

I filed a contempt of court proceeding today against a client's husband who violated a Pendente Lite Relief custody order. Pendente Lite is just a fancy Latin way of saying temporary relief. This temporary relief is granted during Alabama divorce proceedings to determine things like child custody and support, temporary alimony during the divorce(so that your spouse just can't cut you off and stop paying the bills) and often determines who gets to stay in the marital home. This alimony, child custody, and child support, is only a temporary order until the divorce is final and the court has made a final determination on things like alimony, child support, child custody, etc.

Well, I was able to secure my client temporary custody of her son, have her husband ordered out of the home, and I was able to obtain temporary alimony and temporary child support for my client during the Pendente Lite Relief hearing. Of course, the husband received standard every other weekend visitation. This past weekend he did not want to return the child to his mother per the court order. In fact, he told her, "the boy is coming to live with me, and there is nothing you can do about it." So I filed an emergency Petition for Rule Nisi, which is a contempt of court proceeding against the husband for his rash behavior. The judge will hopefully rule on the motion ASAP. I asked the court to put the offending husband in jail for five days(each violation of contempt is punishable by five days in jail), asked the court to make him pay my attorney's fees(which are often granted in contempt proceedings), and asked the court to end all unsupervised visitation and for the husband to return the child immediately. I believe the court will rule in our favor soon.

When you need an Alabama divorce lawyer or attorney, do not settle for someone who does not focus his practice on Alabama family law and divorce. I have filed six divorce complaints and answers this week alone. I handle Alabama divorce and family law cases throughout the state of Alabama from a centrally located Birmingham locality. And I publish this Alabama divorce and family law weblog, which requires extensive knowledge of Alabama divorce law to maintain. I therefore, must keep myself informed of all relevant Alabama divorce and family law case law. Do not settle for less.

Tags: Alabama Contempt of Court, Alabama Divorce, Contempt of Court, Petition for Rule Nisi, Rule Nisi

Posted on March 27, 2008 by Steve Eversole

Divorce Law Goes High Tech

Computers, e-mails, blackberries, GPS navigation systems, and web site records have made their way into divorce court with a vengeance. Astute divorce and family law lawyers must be aware of new technology and how it can win or lose a divorce battle. It is fair to say that electronic evidence has changed the face of how divorce law is practiced. An Alabama divorce lawyer or attorney must not only know Alabama divorce law, procedure and be an aggressive litigator; but he must also understand and know the rules of electronic evidence and be familiar with the methods and means to obtain such evidence. Because of the new technology many Alabama divorce lawyers are at a distinctive disadvantage. Believe it or not, I know divorce attorneys who don't use e-mail. How can these lawyers know how to obtain or even seek out this new kind of evidence found in meta-data? Because of the huge role computers and cell phones play in our everyday lives, it is essential that your divorce lawyer has a thorough understanding of electronic evidence in today's divorce proceedings.

I happened to have studied on under one of the world's foremost scholars on electronic evidence, Judge John Carroll, the Dean of Samford University's Cumberland School of Law in Birmingham, Alabama. Judge Carroll was extolling the virtues of electronic evidence in the early days and sits on the national committee that has been tagged with solidifying electronic evidence laws in this country.

I am also one of the first attorneys to publish a divorce or family law blog in the state of Alabama and I am intimately familiar with all things in the computer world. I try very hard to stay abreast of the latest technologies and their potential uses in divorce court. If your significant other has a E-Harmony profile, visits Internet porn sites, or sends incriminating e-mails, I will find out and use it against them in an Alabama divorce court.

Tags: Alabama Divorce, Divorce & Technology

Posted on March 21, 2008 by Steve Eversole

Is Divorce Good for Some Children?

An recently published author argues that divorce can be liberating to some children. Max Sindell, author of The Bright Side: Surviving Your Parent's Divorce believes that divorce can be a good thing for children. In fact, as a child of divorce himself, he says, "it was one of the best things that ever happened to me." Max's book spawned a website: Survivingyourparentsdivorce.com. Max's parents divorce when he was six years old and his book offers some insights into a child's vision of divorce. His book opens with a Divorced Kid's Bill of Rights:

The Right to Be Safe and Feel Safe
The Right to Awareness
The Right to Counseling
The Right to be Heard
The Right to be Your Own Person
The Right to be Neutral
The Right to Private Communication

I applaud Max for trying to help children facing a tough time in their lives. Even if true, and a child does benefit in some circumstances from their parents divorce, it is a fact that children will face some difficult times during their parents divorce. Max's attempts to alleviate some apprehension in children is admirable. He also does an excellent job of getting parents to see the divorce through their children's eyes.

As my readers know, I would never counsel someone to stay together for their kids. It only ends up making everyone unhappy. However, divorce can be handled in ways to minimize its effects on children, but this is only possible if both parents truly desire to do so.

Tags: Alabama Divorce, Books For Helping Children Cope With Divorce, Children & Divorce, Divorce Books, Divorce Parenting

Posted on February 20, 2008 by Steve Eversole

Divorce & Custody Proceedings Involving Military Service Members

The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians. The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules. The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents.

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well. The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days.

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service.

**The military have special rights and obligations pertaining to divorce and family law matters. I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law.

Tags: Alabama Alimony, Alabama Child Custody & Visitation, Alabama Child Support, Alabama Divorce, Alabama Family Law Basics, Military Divorce, Military Divorce Attorney & Lawyer

Posted on February 12, 2008 by Steve Eversole

Alabama Divorce Lawyer and Attorney

The Alabama divorce and family law attorneys and lawyers of Eversole Law offer legal services in Alabama divorce, alimony, child custody, child visitation, prenuptial and post-nuptial agreements, grandparents rights, adoption, and other Alabama family law matters. I founded my Alabama divorce and family law practice to ensure every Alabama family has access to affordable and qualified Alabama divorce and family lawyers and attorneys. I will personally walk your family through the difficult process of an Alabama divorce proceeding and make sure your interests are protected in child custody, alimony or visitation proceedings and orders. As an Alabama divorce lawyer I represent clients in Birmingham and throughout the state of Alabama, and I guarantee top notch service and quality legal professionalism. When you chose an Alabama divorce lawyer or attorney from Eversole Law you are choosing personalized 24/7 service in a family like environment. We take care of our clients in every way.

Tags: Alabama Adoption, Alabama Alimony, Alabama Child Custody & Visitation, Alabama Child Support, Alabama Divorce, Alabama Divorce Lawyer & Attorney Mission Statement, Alabama Property Division, Divorce & Separation, Divorce & Taxes, Divorce Property Division, Prenuptial Agreements

Posted on January 23, 2008 by Steve Eversole

Divorce & Family Law Courts

My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama. I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster, Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama.

Tags: Alabama Adoption, Alabama Alimony, Alabama Child Custody & Visitation, Alabama Child Support, Alabama Collaborative Law, Alabama Divorce, Alabama Divorce Mediation, Alabama Family Law Basics, Alabama Marriage, Alabama Property Division, Courts, Divorce & Separation, Divorce & Taxes, Divorce Property Division, Guardian Ad Litem, Prenuptial Agreements, Where I practice

Posted on January 22, 2008 by Steve Eversole

Alabama Divorce Lawyer & Attorney Testimonials

As an Alabama divorce and family law attorney and lawyer I help people every day with serious Alabama family law and divorce issues. Stationed centrally in Birmingham, Alabama my office routinely represents clients throughout the great state of Alabama. We help clients through divorce, with child custody and visitation rights, alimony, grandparents rights, child support modifications, adoptions, post divorce proceedings, contempt of court hearings, and with all things Alabama family law and divorce related. Seldom do things turn out as perfectly for a client as they turned out today. After getting Client X everything, and I mean, everything she asked for in her post divorce child custody and support proceedings, she had this to say about my services:

"You are great, I am so relieved and excited. You were well worth every penny and then some. I can't wait to tell my friends about you. You truly cared about me and my family. I cannot thank you enough. Your service, price and expertise were outstanding! I still cannot believe you were able to secure everything I asked for in the proceedings. You are a godsend. Thank you, thank you, thank you."

I am an Alabama divorce lawyer and attorney because of people like this wonderful lady. She did nothing wrong and her husband was trying to forcibly obtain custody of her teenage daughter. It was an underhanded move and he got what he deserved, nothing.....except some large legal fees. Ha! This case, and these results, seeing how happy Client X was after hearing the good news, is why I became an Alabama divorce and family law lawyer and attorney. I cannot think of another job that would allow me to have such a huge impact on the lives of people and their families. I only hope I can continue to provide such excellent service.

Tags: Alabama Child Custody & Visitation, Alabama Divorce, Testimonials

Posted on January 19, 2008 by Steve Eversole

Alabama Divorce Law - Temporary Alimony

Under Alabama divorce law it is possible to obtain temporary alimony from your spouse while the divorce is proceeding. An Alabama divorce lawyer will file a motion for Pendente Lite with the court in order to obtain this temporary support. Pendente lite is Latin for "while the action is pending." Temporary alimony or support in Alabama is often required when a spouse cannot sustain the same standard of living during the divorce she/he would have maintained prior to the divorce proceedings. Often, temporary support is given to spouses going through an Alabama divorce proceeding when the spouse has no other assets, i.e. a stay at home mom and wife without any other income. However, even with additional income, if you are unable to maintain the same standard of living to which you are accustomed, you may be eligible for temporary alimony during the Alabama divorce.

Temporary alimony is just that, temporary. It will end when the divorce ends and will be replaced by a final spousal support award. If you are experiencing difficulties in maintaining your standard of living during a divorce, you owe it to yourself to contact an experienced Alabama Divorce lawyer and attorney as soon as possible. The Alabama divorce and family law attorneys and lawyers of Eversole Law will make sure you get the Alabama temporary support and alimony you deserve.

Tags: Alabama Alimony, Alabama Divorce, Alimony, Divorce, Pendente Lite, Temporary Support

Posted on January 16, 2008 by Steve Eversole

Military Divorces on Rise

New research shows divorce rates skyrocketing amongst military personnel. While the divorce rates seem to be falling across the country, the rate is up to one and five in the military. Army research details a staggering statistic: divorce rates in the military is up 44% from 2001 to 2007. According to the Army, women are more likely to file for divorce than men, and enlisted personnel are more likely to file for divorce than officers. Clearly, long deployments and combat situations have impacted military divorce rates. It is apparent that much more should be done to help our military families with the stress of military life. This makes me wonder if divorce among Alabama military personnel is on the rise as well? I have no stats. on Alabama military divorce rates, but I bet the military divorce rate in Alabama is at least the national average and maybe even higher.

Tags: Alabama Divorce, Military Divorce

Posted on December 17, 2007 by Steve Eversole

Does Divorce Impact the Environment?

A new study suggests that divorce negatively impacts the environment. Apparently, water and electricity use increases when couples split up and house fewer people. This makes complete sense and most people would not have needed a study to prove such a hypothesis. Economics, anthropology and plain common sense explain that marriage was created as a means to better allocate resources and aid procreation. It should come as no surprise when divorce is linked to inefficient resource use.

I will surmise, while playing amateur sociologist, that in a modern society marriage is not as important a means to such success. Thus, we seem to have higher divorce rates today because it is not as necessary for survival. But that's just an Alabama divorce lawyer's two cents on the matter.

Tags: Alabama Divorce

Posted on December 5, 2007 by Steve Eversole

Alabama Divorce & Family Law Attorney Website

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.

Tags: Alabama Adoption, Alabama Alimony, Alabama Child Custody & Visitation, Alabama Child Support, Alabama Collaborative Law, Alabama Divorce, Alabama Divorce & Family Law Updates, Alabama Divorce Mediation, Alabama Family Law Basics, Alabama Marriage, Alabama Property Division, Celebrity Divorces, Child Psychology & Divorce, Divorce & Separation, Divorce & Taxes, Divorce Property Division, Guardian Ad Litem, Prenuptial Agreements

Posted on November 16, 2007 by Steve Eversole

Alabama Divorce & Child Custody News

The Baldwin County, Alabama pastor whose wife disappeared at a religious conference in Louisiana received full and sole custody of his two children. The Rev. Jason Lee's wife made news in March after walking out of a Christian Women's conference. Her disappearance caused understandable concern and lead to widespread police searches. She was later found to pawned her wedding ring and fled to New York. The Alabama divorce settlement gives Rev. Lee full and sole legal custody of his two children. The Pastor's wife will also have to pay $200 a month in child support. The wife will get child visitation rights every other weekend and the parents will split physical custody on the holidays.

I for one think this lady got off easy. She abandoned her kids and fled to New York. If not for the intense media coverage she may have never returned. She obviously has significant mental issues and her ability to care for her children even during limited visitation periods should have been called into question. Of course, it is always a possibility that she has a really good Alabama divorce, family law and child custody attorney and lawyer, while the Pastor does not.

Tags: Alabama Child Support, Alabama Divorce

Posted on November 14, 2007 by Steve Eversole

Alabama Divorce Attorney & Lawyer Lead Counsel

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.

Tags: Alabama Divorce, Alabama Divorce & Family Law Lead Counsel, Alabama Divorce & Family Law Updates

Posted on October 30, 2007 by Steve Eversole

Birmingham Alabama Divorce Lawyer At It Again

Just settled a Birmingham, Alabama divorce case today. I represented the husband in this case and answered my client's Alabama divorce complaint, filed a divorce answer and counterclaim, my own motion for pendente lite(temporary support), child custody, alimony, etc. etc. Shortly after the first court ordered mediation we agreed to a settlement. My client received major concessions from the other side. I was able to give my client everything he asked for. I secured him a favorable resolution on every single issue he contested in the divorce, kept the cost down, and did so in a timely fashion. I am going to ask him to post a client testimonial soon. I think he is very happy! :)

Tags: Alabama Divorce, Alabama Men's Divorce Lawyer, Birmingham, Alabama Divorce Lawyer, Divorce Testimonials

Posted on October 27, 2007 by Steve Eversole

You Must Consummate A Marriage In Alabama

Alabama Appeals Court annuls couples marriage on failure to consummate grounds. The Alabama Appeals Court has basically ruled that to be legally married in Alabama, you must consummate that relationship, or your marriage is subject to annulment. An annulment is declaring your marriage to be null and void, as if you were never married. The court reasoned that an unstated intent to never consummate your marriage relationship is a fraud rendering that marriage invalid.

Tags: Alabama Divorce, Alabama Marriage

Posted on October 26, 2007 by Steve Eversole

Birmingham, Alabama Divorce Lawyer Case Study

A young female client from Birmingham, Alabama called a few weeks back in desperate need of help from an Alabama divorce lawyer. She was crying and telling me how her husband was no good, frequently beat on her, threw her out of the house and tried to steal her baby. She had no money, very little means to obtain any money, and in need of some sympathy and compassion. I told her that we could file for divorce tomorrow, have a motion for temporary support requiring her husband to maintain her previous living condition and provide for her baby by the weekend, get her back in her house temporarily, file a temporary restraining order against the abusive husband in the short run, make him pay alimony, child support, attorney's fees, and get her back into the house permanently in the long run. I have made it my mission in life to see this guy get what he deserves.

Tags: Alabama Divorce

Posted on October 24, 2007 by Steve Eversole

Divorce and Credit

Divorce can have significant consequences on your credit report. Those seeking an Alabama divorce should be aware, or should be made aware by their Alabama divorce lawyer and attorney, of the sometimes significant havoc divorce can play on your credit report. If your ex-spouse or soon to be ex-spouse has opened up any credit accounts using your name without your knowledge or consent, that is identity theft. Identity theft is a serious criminal act, and your chances of "winning" a nice divorce settlement just shot through the roof. If you are both listed on a card that either spouse continues to use, you will likely still be liable for charges. Post divorce credit problems can usually be avoided by closing the joint accounts. However, your credit can be interwoven with your ex-spouse for a long time. Check out this excerpt from a U.S. News and World Report Article below:

"The Federal Trade Commission warns divorcing couples that the divorce decrees they negotiate, such as a commitment that one ex-spouse will pay off credit card debt, does not absolve the other ex-spouse from responsibility from the perspective of the credit reporting agencies. Creditors can still demand payment from the other spouse, which can negatively affect credit scores if it goes unpaid."

Thanks to the Moschetti law firm's family law blog for the tip.

Tags: Alabama Divorce, Alabama Property Division, Credit Problems After Divorce, Divorce and Credit

Posted on October 12, 2007 by Steve Eversole

Can You Stop an Alabama Divorce?

There are times when clients ask me if I can stop their divorce from happening. The short answer to this question is simple, no you cannot stop a divorce. When one party is determined to get divorced, the other party can do several things, but they cannot stop the divorce from occurring. You can slow down a divorce significantly, you can make the divorce hurt more and you can make it cost more, but you cannot stop an Alabama divorce. The nature of modern divorce law is that anyone who wants a divorce can get one. There has been steady criticism of this practice, many people correlating the no fault divorce laws with the rise in divorce rates. However, in Alabama, and indeed, throughout most of the country, you cannot stop a divorce from happening when the other side is determined to divorce.

Tags: Alabama Divorce, No Fault Divorce, Stop Divorce

Posted on October 11, 2007 by Steve Eversole

Alabama Grandparent's Visitation Rights

Grandparents have the right to visit their grandchildren in Alabama. Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:

One or both parents of the grandchild have died
The parents of the grandchild have divorced
A parent of the grandchild has abandoned the child
The grandchild was born outside a marriage
If the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.

The courts will look to see if a grandparents visitation is in best interest of the child. When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:

The grandparents willingness to cultivate a relationship with the child and his parents
The grandchild's preference
The health of the grandchild
The mental and physical health of the grandparents
Any evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparent
Any other relevant factors, including the preferences of any living parent

Tags: Alabama Child Custody & Visitation, Alabama Divorce, Alabama Family Law Basics, Alabama Grandparents Visitation Rights, Grandparent's Visitation Rights, Grandparents Rights

Posted on October 10, 2007 by Steve Eversole

Birmingham, Alabama Divorce & Family Law Lawyer & Attorney's Fees

My office tries to offer a different kind of Alabama divorce and family law legal service than most law firms. We are available 24/7 to our divorce and family law clients. We take the extra time to explain your rights and obligations, answer any questions you may have, protect your interests, and if necessary, prepare your case for aggressive divorce and family law litigation. At the same time, we emphasize protecting your family from the stress and anxiety of divorce and family law matters. My office employs a staff school psychologist to help your child deal with the emotional upheaval that often occurs during a divorce. We also promote mediation or other collaborative processes in order to limit the turmoil in your life as well.

We are also different in the way our Alabama divorce and family law practice charges for our services. We offer flat fees in many cases. This is very unusual in most Alabama divorce and family law practices. However, some times a flat fee is not practical. Its like taking a car to a mechanic. Your mechanic may be able to give you a rough estimate of the cost to fix your car, but until he gets under the hood and starts tinkering around, he often will not be able to give you an exact price. We do try to fix fees for our clients so they will not get stuck with huge attorney's fees they were not expecting. We find many of our clients really prefer the flat fee alternative. We also accept major credit cards and offer flexible payment plans.

Our Alabama divorce and family law practice is different. We care about our clients and it shows in the way we emphasize the health of your family during divorce and child custody proceedings, our fee arrangements, and in our 24/7 service. I challenge anyone to call my office and another law firm. I bet you can reach me in the first call. If you can't, leave a message at my office and the other firm's office. See who calls you back first.

Tags: Alabama Divorce, Alabama Divorce Lawyer and Attorney's Fees, How Much Does an Alabama Divorce Cost

Posted on October 7, 2007 by Steve Eversole

Alabama Uncontested Divorce Fees

An uncontested divorce occurs when both parties have worked out the all the issues involved, i.e. property division, child custody, etc., and there is no need to go to court. Uncontested divorces are a great way to keep divorce expenses at a minimum. I know divorce attorneys who charge anywhere from $100 to $1200 for an uncontested divorce, plus filing fees. I charge a flat $450 fee for an uncontested divorce, $500 if children are involved, plus filing fees. It is possible to find divorce attorney's who charge cheaper rates for an uncontested divorce. However, the time they put into your case will suffer dramatically. My office will spend as much time as needed to get your Alabama uncontested divorce right and to make sure you are satisfied with the process. I am available 24/7 to my clients, and I always return your calls within a couple hours. I do not charge for phone calls and I do not charge excess fees for any extra time your case may take. Pay close attention to these attorneys who advertise $200 dollar uncontested divorce fees, their practice may not focus on Alabama divorce and family law, they will almost assuredly take less time to make you comfortable with the process and answer all your questions, and you could end up paying more in the long run. Almost without fail, these $200 dollar uncontested divorce lawyers are only charging you for one hour of work. That means, if your case cannot be handled within a one hour office visit, you get charged more. My office does not work this way. When we say $450 for an uncontested divorce, we mean just that, no matter the extra time we take to answer your questions and fully explain the process.

Tags: Affordable Divorce, Alabama Divorce, Divorce Costs, Uncontested Divorce Fees

Posted on October 5, 2007 by Steve Eversole

Huntsville, Alabama Divorce Support Groups

The Huntsville Times lists several Divorce and Family Law related support groups that meet in Huntsville, Alabama. Sometimes we all need a little help. Part of being a Christian is willing to help your neighbor in need. If anyone needs help finding divorce or family law related support groups throughout Alabama please call my office, and I will do everything I can to help you and your family find the support you need. Divorce and family law issues can be really difficult to deal with emotionally. My Alabama Divorce and Family Law office is here to help you in your time of need. I will do anything I can to make your life just a little better. You are not alone.

Tags: Alabama Divorce

Posted on October 4, 2007 by Steve Eversole

Alabama Divorce Loans: Good or Bad Idea?

Is it is good idea for financial institutions to offer loans to cover Alabama divorce costs? Financial companies in Japan are offering loans to cover the cost of a divorce. The loans are an attempt to help individuals restart their life after a divorce and enable everyone to afford the often high costs of divorce, and child custody litigation. In my opinion this is a very good idea. It seems I am contacted almost daily by someone in desperate need of quality divorce representation that cannot afford my services. I try very hard to take pro bono cases as much as possible, I have reduced my fees in certain situations, I offer payments plans, fixed fees, and I take credit cards in order to give people access to quality Alabama Divorce and Family Law representation. However, despite my efforts to make these services affordable, I am forced to turn away many who cannot afford my Alabama divorce and family law services on a regular basis. I think American financial institutions should offer legal fee loans on other kinds of cases as well, not just for divorce and family law. In my humble opinion, everyone, even those without substantial monetary means, should have the same access to quality Alabama divorce and family law legal services.

Tags: Alabama Divorce, Divorce Loans, Divorce News

Posted on October 2, 2007 by Steve Eversole

Divorce Procedure & Jurisdictional Issues in Montgomery, Alabama

A client called my office today seeking advice regarding a default judgment he received in Montgomery, Alabama divorce proceedings. My client(Mr. X), received a default divorce judgment in Montgomery County after failing to respond to a divorce complaint within the required 30 day time period. When you receive an Alabama divorce complaint, you only have thirty days to respond. If you do not respond, a default judgment will be rendered against you. This basically means that the pleadings in the divorce complaint are taken as true, and most times, the petitioner will get everything they seek in the divorce. Thus, it is very important, if you wish contest any portion of the divorce complaint, that you respond within the time period allotted.

Fortunately, Mr X has recourse. An intelligent Alabama Divorce Lawyer looks for any way he might be able to challenge the default judgment. In this case, Mr. X did not receive notice of the divorce proceedings, and he has jurisdictional challenges as well. Mr. X and his soon to be ex-wife, are military personnel and move around a lot. Mr. X's ex, moved to Montgomery, Alabama from Indiana just two months after Mr. X filed for a divorce in Indiana. Sneaky Mrs. X then filed for an Alabama divorce in Montgomery County after coming to Alabama and while the Indiana proceedings were underway. Thus, an Alabama divorce court does not have jurisdiction over the divorce, and Mr. X can have the default judgment set aside on jurisdictional grounds. Basically, the Alabama domestic relations or family law court, did not have the power to enter a judgment in this case.

Mr. X can also challenge the Alabama divorce judgment on grounds he did not receive notice of the divorce. Every Alabama divorce petitioner must give notice of the divorce proceedings to the party they are trying to divorce. If the divorce petitioner(the one who files the Alabama divorce complaint) does not give notice of the proceedings to the one they are trying to divorce, any divorce proceeding is invalid, and can be set aside.

Tags: Alabama Divorce, Alabama Divorce Jurisdiction, Alabama Divorce Law, Alabama Divorce Procedure, Alabama Divorce Service of Process, Alabama Family Law, Alabama Family Law Basics

Posted on October 1, 2007 by Steve Eversole

Divorce News

Here at the Birmingham, Alabama Divorce and Family Law blog we have been following the trials and tribulations of Britney Spears as she engaged in a vicious custody battle with her ex-husband K-Fed. Today, Britney lost her battle and lost custody of her children. I pontificated in an earlier post that Britney would lose her kids if she continued to abuse alcohol and drugs, and she did. This should be a warning to everyone going through an Alabama child custody dispute. Do not give your ex-spouse ammunition in a child custody proceeding by taking alcohol or drugs.

Tags: Alabama Child Custody, Alabama Divorce, Alabama Divorce Law, Birmingham Child Custody Lawyer, Birmingham Divorce, Celebrity Divorce, Celebrity Divorces, Divorce

Posted on September 29, 2007 by Steve Eversole

Birmingham, Alabama Divorce & Alimony Laws

In Alabama, when a divorce has been granted in favor of one party based upon the misconduct of the other party, the judge may grant awards from the estate of the spouse committing the misconduct to the other spouse. The misconduct itself may also be used by the judge in determining the amount of the award. However, this provision is subject to the marital property rule and/or the inheritance rule. In general, property held by a party prior to the marriage, or property received by inheritance or gift, is not marital property and cannot be distributed to the other party during a divorce. Alabama Code Section 30-2-52 defines how a judge may award property after granting a divorce based upon misconduct.

Tags: Alabama Alimony, Alabama Divorce, Alabama Divorce Law, Alabama Family Law Basics, Alimony, Alimony in Alabama, Divorce

Posted on September 28, 2007 by Steve Eversole

Affordable Alabama Divorce Lawyer

My Alabama divorce law practice is focused upon making Alabama divorce as simple, and as affordable as possible. Too many Alabama divorce lawyers seem to think that charging high fees makes them important. My firm is different. No matter where you are located, whether you live in Birmingham, Huntsville, Montgomery, Mobile, Tuscaloosa, Cullman, Fultondale, Hueytown, Gardendale, Bessemer, Decatur, Guntersville, Scottsboro, Hoover, Pelham, Trussville, Moody, Leeds, Pell City, Homewood, Vestavia Hills, Mountain Brook, or whether you live in Jefferson County, Madison County, Montgomery County, Walker County, or Mobile County; my firm believes in providing the very best divorce and family law service at reasonable and affordable prices. We offer several means of payment to make it easier to obtain high quality divorce and family law legal representation. On top of our already competitive pricing, we accept major credit cards and will even work out payment plans. Our goal is to be the best and most affordable divorce and family law lawyers and attorneys in Alabama. If you can find higher quality Alabama divorce or family law legal representation, at more affordable prices, you should hire them.

Tags: Affordable Divorce Lawyers, Affordable Family Law Attorneys, Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Divorce

Posted on September 26, 2007 by Steve Eversole

Birmingham, Alabama Divorce Lawyer and Attorney

I am a Birmingham, Alabama divorce and family law attorney who represents clients in Jefferson County, Shelby County, Madison County, and throughout the state of Alabama in places like Vestavia Hills, Trussville, Mountain Brook, Hoover, Irondale, Homewood, Gardendale, Fultondale, Hueytown, Moody, Leeds, Pelham, Tuscaloosa, Huntsville, Montgomery, and Mobile. My practice focuses on helping families with divorce and family law, child custody, visitation, adoption, alimony, child support, prenuptial agreements, divorce child psychology, divorce mediation and collaborative law.

We work tirelessly to help your family make it through difficult times, and we are here 24/7 for our clients. Just today, a client seeking a divorce from Birmingham, Alabama called me at 11:30 p.m. to mostly weep and vent about her husband's divorce tactics. I listened patiently and tried my best to be more than her lawyer. I want my firm to be a comfort during your most troubling times. I believe that to be a good lawyer you have to be a good listener. Sometimes that means taking the extra time with each client. It can also mean not taking as many clients as you might otherwise. I limit the number of cases I take at any one time in order to devote more of my time to you personally. It may not be the best business strategy, but it is how I would want to be treated in similar circumstances, and I believe that giving a little more of yourself will not only help my clients, but in the long run, it will make me a better person, and make people speak well of me at my funeral. I also try very hard to make quality divorce and family law representation affordable.

Tags: Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Divorce, Mission Statement

Posted on September 25, 2007 by Steve Eversole

Birmingham, Alabama Lawyer & Attorney Child Support Answers

A Jefferson County, Birmingham, Alabama client asked an interesting question today. How is child support calculated when your ex-spouse doesn't work, or has a sporadic work history? Primarily, when calculating child support the court looks to the well being of the child. And when awarding child support in this situation ,an Alabama court will impute an income to your ex-spouse, if the court finds he/she is voluntarily unemployed or underemployed. The court will estimate the unemployed or underemployed parents income, and impute that income to the spouse owing child support. The court looks to past employment, employment potential, probable earning levels, education and job qualifications, as well as job opportunities and earning levels in the community. The Alabama rules regarding child support can be found in the Child Support Guidelines Rule 32.

Tags: Alabama Child Support, Alabama Child Support Guidelines, Alabama Divorce, Alabama Divorce Law, Alabama Family Law Basics, Child Support, Child Support When Ex-Spouse Is Unemployed

Posted on September 24, 2007 by Steve Eversole

Temporary Spousal Support During Alabama Divorce Proceedings

I received a call from a client today in Birmingham, Alabama. I realized people contemplating divorce across Jefferson County, including Vestavia, Mountain Brook, Homewood, Leeds, Bessemer, Hoover, Pelham, Trussville, Gardendale, Fultondale, Fairfield, Moody, Pleasant Grove, Adamsville and Hueytown, as well as all across Alabama in places like Huntsville, Montgomery, Tuscaloosa and Mobile, are all concerned about Alabama divorce laws.

One of the most frequent questions I encounter about Alabama divorce laws, in Birmingham and all across the State of Alabama, and especially from women, is "How do I support myself during the divorce?" The answer is simple. I will file a motion for Pendente Lite. That motion will provide temporary support from your husband while you are going through a divorce. This kind of support is very similar to alimony. It allows you to continue living as you currently are while the Alabama divorce proceedings are under way. Once the divorce is finalized you will then be eligible for alimony. Alimony is intended to keep you relatively in the same economic position you are in during the marriage. In that way, alimony and temporary support are very similar. Both provide you with a means to continue your way of life for a period of time. Motions for Pendente Lite only covers support during the divorce proceedings itself. So, your husband or wife can't just kick you out of the house, cut off your credit cards, take the car, etc.

The Alabama Code Section 30-2-50 allows for this kind of temporary support pending the divorce action. It provides for the allowance for support during the pendency of action.

Tags: Alabama Alimony, Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Alabama Family Law Basics, Alabama Women's Divorce, Divorce, Pendente Lite, Temporary Support

Posted on September 18, 2007 by Lindsey Eversole

Stability for Children During Divorce

During a divorce, parents often feel they are victimizing their children by going separate ways. Remember that you chose to get a divorce because you believe it is the best move to preserve your emotional welfare, as well as that of your kids. You have weighed the pros and cons of your decision and you should make sure the goal of providing the very best environment for your kids remains your focus. You are dealing with uncomfortable emotions right now, but don't lose faith in your ability to be the best parent a child can have. You have decided to be strong for them, so don't drop the ball on a few critical components of healthy living. You can do this!

At a time when your self confidence may be taking a major hit, invest yourself in maintaining the structure your kids currently have at home. Kids tend to be unnerved by dramatic changes in their daily schedules. Though you will be dealing with custody issues, and your children will be acclimating to the concept of having two homes, maintaining stability in your child's life is still possible. Stability for your children begins with their schedule and their environment. Children need to be able to predict when, and where they will be going, and what they will be doing. Don't abandon bed time routines, sit down dinners, after school activities, homework rules, etc. These routines provide consistency for children, which is comforting.

Consider posting your child's schedule on the refrigerator so that he/she can take ownership of daily activities. For young children, it may help to take photos of the various environments and people they will be visiting during the day so it is easily understood. This can be a project you do together, and it's fun!! Don't necessarily become obsessed with sticking to a regimen, just understand the value of consistency and stability.

Even if you have a shared custody situation, you are essentially a single parent during the times your kids are with you. It's not uncommon to find it rather difficult to keep the house orderly, backpacks organized, etc. Remember that you are not Superman, and you shouldn't feel poorly about yourself for having difficulty with some of these issues. Consider hiring someone to clean your house or cut your grass. It will probably be the best money you spend on yourself each month, and will probably significantly reduce your stress. Purchase some baskets and bins to sort toys, clothes, and other items. Your children will take pride in helping you, and will be excited about their newly navigable rooms. And finally, remember that with change, comes new opportunities. Keep your chin up and stand behind your own decisions. Your strength will wear off on your children.

Tags: Alabama Divorce, Child Psychology & Divorce, Children and Divorce, Divorce Parenting, Divorce", Emotional Health & Divorce, Kids & Divorce, Psychology

Posted on September 16, 2007 by Steve Eversole

Helping Children Cope With Divorce

Not surprisingly, a divorce has significant consequences for children. This site is devoted to helping parents deal with the ramifications of divorce. It is not an option to, "stay together for the kids." This kind of thinking only ends up hurting your children in the long run. But we can do everything in our power to lessen the traumatic impact a divorce has on our kids. Although many children go through their parents divorce with relatively few negative or permanent side effects, a divorce can be devastating for some children. The changes in living arrangements, less time with one parent, etc, can be a harsh experience for some. Based upon my experience, the best thing a parent can do to limit the negative impact a divorce has on their children is to act civilly towards your ex. Some good rules of thumb are as follows:

Do not argue in front of your kids in person or on the phone
Actively pursue an amicable relationship with your ex
Try not to bad mouth your ex in front of the kids
Find support for you and your children
Try to maintain your child's regular routine

Tags: Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Child Psychology & Divorce, Divorce, Divorce Parenting, Parenting During Divorce, Parenting Tips for Divorce, Preparing for Alabama Divorce

Posted on September 15, 2007 by Steve Eversole

Divorce News

Big divorce news in Atlanta. Evangelist Juanita Bynum has had enough. She filed papers seeking a divorce from her husband, Bishop Thomas W. Weeks III this past Monday, September 10, 2007. According to the Atlanta Journal Constitution, divorce papers accuse the Bishop of "beating, stomping and choking" his wife. It is sad commentary on our times, that a supposed man of God, is being accused of domestic violence. True or not, this kind of press is bad for the truly religious. If true, it is just another example of a con artist taking money in the guise of religion. No true man of God(or any real-man for that matter) would ever put a hand to his wife. That being said, it is not uncommon in divorce or child custody cases for one party, normally the wife, to accuse their spouse of some kind of domestic violence. Accusing your spouse of domestic or child abuse can be an unscrupulous means to gain the advantage during divorce or custody proceedings.

Tags: Alabama Child Custody, Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Alabama Women's Divorce, Birmingham Alabama Divorce, Birmingham Divorce, Birmingham Family Law, Celebrity Divorce, Celebrity Divorces, Divorce

Posted on September 14, 2007 by Steve Eversole

Divorce Parenting

A great resource for parents going through a divorce, Breakthrough Parenting offers some interesting insights into better parenting. They offer help for divorcing parents and offer classes in becoming a certified parenting coach. In today's world, we cannot do everything alone. This website gives parents some much needed advice. Dealing with your children who often do not understand the situation is very hard. While we cannot eliminate these kind of stresses, my firm tries to limit them. We are here to help you through this very difficult time. I want my office to be more than just a law firm. When you retain my firm we are here through thick and thin, to the very end, and we are on call 24/7.

Tags: Alabama Child Custody & Visitation, Alabama Divorce, Children and Divorce, Divorce, Divorce Parenting, Kids and Divorce, Tips for Divorcing Parents

Posted on September 13, 2007 by Steve Eversole

Alabama Divorce Support

DivorceSupport.com is a fantastic resource for people facing divorce. The website has excellent Alabama divorce specific information. They have articles on Alabama divorce, child support and child custody, residency requirements, grandparents rights and military divorce laws. When you are going through a divorce you need as much information and support available. My firm tries to provide you with the resources to make this process as simple as possible . We also strive to give you all the information you need during these troubling times. Knowing how the divorce or child custody process works will give you a certain amount of comfort. I encourage my clients to learn as much as they can about their divorce and related issues. The Internet is an amazing resource and should be used accordingly.

Tags: Alabama Child Custody, Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Alabama Family Law Basics, Child Custody, Child Custody & Divorce, Child Support, Child Support Guidelines, Children and Divorce, Divorce

Posted on September 11, 2007 by Steve Eversole

Difference Between Mediation & The Collaborative Process

The differences between mediation and collaborative law can be relatively minor. Both mediation and collaborative law are alternative dispute resolution techniques that resolve a divorce without involving a court. Here is a link from divorcenet.com detailing the differences, advantages and disadvantages to both. There is also some good information to aid in determining whether or not you would be a good candidate for the collaborative process.

Tags: Alabama Collaborative Law, Alabama Collaborative Process, Alabama Divorce, Alabama Divorce & Collaborative Process, Alabama Divorce Law, Alabama Divorce Mediation, Alabama Family Law, Alabama Family Law Basics, Collaborative Law, Collaborative Process, Differences Between Divorce & Collaborative Process, Divorce, Divorce Alternative Dispute Resolution, Divorce Mediation, Mediation

Posted on September 11, 2007 by Steve Eversole

Alabama Divorce & Collaborative Law

Collaborative law is a relatively new phenomenon in legal circles. My firm believes that collaborative law is a very viable and healthy means to effectuate a divorce. In fact, we stress collaborative processes and other alternative dispute resolution methods in order to keep your divorce costs low. It is also a means to protect your family against the trauma often associated with contested and messy divorces. We tailor your legal needs to the situation. If you are a good candidate for mediation or collaborative law, we will pursue that option. If you are in need of aggressive litigation, we also provide those services. However, I am here to help you. And steering you towards a divorce that only fattens my pocket is not in your best interest, and is often not in your families long term interest either. Resistance to the collaborative process seems to be primarily from old attorneys, who are holding on tightly to the past, and want to continue milking their clients for every dollar.

Here is a nice article on the collaborative process. You will also find a basic introduction to the collaborative process reprinted from here:

What is Collaborative law?

When they separate or divorce, couples must find a way to resolve their differences on all relevant issues. Collaborative practice is designed to minimize conflict while working toward that resolution. Parties to divorce, their attorneys and any other professional involved, agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. Working together, they strive to dissolve the marriage in a way that addresses everyone’s legal, financial, and emotional needs.

At the beginning of the process husband, wife, and both attorneys sign a Participation Agreement. The agreement requires both parties to:

exchange complete financial information so that each spouse can make well-informed decisions
maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns,
reach written agreement on all issues and concerns outside of contested court proceedings
authorize the attorneys to use the written agreement to obtain a final court decree.

The parties may also agree to involve other professionals to assist in the process. These professionals are also bound by the terms of the Collaborative Agreement.

Is Collaborative Law right for you?

Collaborative law empowers spouses to dissolve their marriage with dignity.

Consider Collaborative law if you and your spouse:

believe it is important to protect your children from the harm litigation can inflict
place a high value on personal responsibility in resolving conflict
are able to focus on a positive solution for the entire family
want to preserve a respectful working relationship during and after the process is over
see the need to disclose full and accurate information about financial issues

How it works

First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. Then, the couple and their attorneys meet in four-way sessions to reach a settlement without involving the court. Every issue – including property division, parenting allocation, and support – is put “on the table” in these sessions. At times other professionals including Mental Health Professionals and Financial Experts may become part of the “team” to assist couples in reaching resolutions. Divorcing parties benefit from the skills, advice, and support of attorneys and other professionals while striving to work things out in a positive, future-focused manner.

When a settlement is reached, attorneys file the appropriate paperwork required by the court.

Key advantages

You retain control. Though you each have a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
You gain support. You craft the settlement cooperatively with your spouse while benefiting from your attorney’s advocacy, problem-solving, and negotiating skills. You receive insight and support from other professionals who assist in identifying your interests and your children’s needs.
You can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive.
You get more from your resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The collaborative process produces final agreements that are frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.

Tags: Alabama Collaborative Law, Alabama Collaborative Process, Alabama Divorce, Alabama Divorce & Collaborative Process, Birmingham Divorce, Collaborative Law, Divorce, Divorce Alternative Dispute Resolution, Divorce Mediation, No Court Divorce

Posted on September 9, 2007 by Steve Eversole

Divorce & Joint-Custody in Alabama

Joint Custody is preferred and deemed to be in the best interest of the child. Alabama Code section 30-3-150 makes it state policy to encourage joint custody whenever both parents "have shown the ability to act in the best interests of their children." The court must consider joint custody, but is free to grant custody in any form it determines is in the best interest of the child. The court looks to several factors when deciding to award joint custody:

The court looks at the parents wishes regarding joint custody
The parents willingness and ability to work together and make decision in the best interest of the child
Ability of each parent to foster the child's love for their ex
Potential for any kind of abuse or kidnapping
Distance between parents and practical geographic implications of joint custody
The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.

****When both parents request joint custody, joint custody is presumed to be in the best alternative. Thus, in Alabama, joint custody is required unless the court makes specific findings as to why it is not. Check out this helpful guide listing some Alabama Divorce and Custody code sections ,as well as other valuable divorce and child custody resources.

Tags: Alabama, Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Divorce, Alabama Divorce Law, Alabama Family Law, Alabama Family Law Basics, Alabama Joint Custody, Child Custody, Child Custody & Divorce, Custody, Divorce, Joint Custody, Laws"

Posted on September 7, 2007 by Steve Eversole

Selecting Your Divorce Lawyer

In an effort to be the best darn divorce and family law attorney I can be, I spend literally 30 hours a week just reading divorce and family law literature. Some of the best work being published today is on-line. Blogs give attorneys creative outlets to express themselves and to educate others on their particular area of the law.

This blog has taught me so much about family law. I have to research everything I write on this site. I have to research other blogs, read family law journals, texts, and treatises. I have to stay abreast of recent family law and divorce case law, happenings and trends. And I do all this while maintaining a thriving family law practice. None of this would be possible of course, without the rest of the Blog world. Attorneys like David Gabay provide a valuable service and links us to helpful tips in selecting your divorce attorney here. Thank you David, and thanks Blog world!

Tags: Alabama Divorce, Divorce Blogs, How To Pick A Divorce Attorney, Tips for Selecting Your Divorce Attorney

Posted on September 5, 2007 by Steve Eversole

Children and Divorce

Sometimes divorce is a necessary means to achieving a happier life. While we provide services that enable you to start a new life, we also try to acclimate you and your children to these changes. My practice attempts to minimize the impact a divorce has on you, and your children. You can find valuable resources about dealing with your children at childrenanddivorce.com that may aid your child during a divorce.

Tags: Alabama Divorce, Child Psychology & Divorce, Children and Divorce, Divorce Parenting, Kids and Divorce, Parenting During Divorce, Parenting Tips for Divorce

Posted on September 3, 2007 by Steve Eversole

Prenuptial Agreements in Alabama

A prenuptial agreement is often used to protect an individuals assets in the event of death or divorce. The agreement is prepared to define property rights and to also define any additional obligations that arise during the marriage relationship. You should disclose all the assets you possess truthfully. Prenuptial agreements are carefully scrutinized by the Court to determine if they are just and reasonable. Hiding assets could be a means to invalidate an otherwise valid prenuptial agreement. Here are a few tips pertaining to prenuptial agreements.

Tags: Alabama Divorce, Alabama Family Law Basics, Asset Protection, Prenuptial Agreements

Posted on September 2, 2007 by Steve Eversole

Divorce Scheduling Tips for Holidays & Vacations

Parents often have a difficult time dealing with the time constraints divorce places on their lives. Juggling schedules during a marriage is hard, and when children are involved, it gets harder after divorce. Divorce is an emotional and draining experience, especially during the holidays or during vacation time. Here is a list prepared by divorcenet.com on ten tips to a relaxing vacation or holiday.

I believe tip number ten from the above list is one that applies to more than just holiday and divorce scheduling, and is perhaps the best means to having a better life after divorce. Let the children love you ex-spouse, move on with your life, and try not to harbor ill feelings. I realize that is easier said than done and that sometimes it can take years to get over the negative emotions involved with your ex. But without fail, the ones who have moved on and no longer feel anger towards their ex-spouse are resoundingly the happiest.

Tags: Alabama Divorce, Children and Divorce, Divorce Schduling, Holidays and Divorce, Kids and Divorce, Scheduling during Divorce

Posted on August 30, 2007 by Steve Eversole

Property Division - Inheritance and Gifts

In Alabama, a party's separate estate is not automatically included in the Marital Property of the both spouses. Likewise, a spouse's inheritance and gifts he/she receives, even while married, remains their own property, unless you move to convert the property into marital property. You can covert your property into marital property by several means. Here are a few common examples:

You could deposit your inheritance or gift into a joint checking account that both parties have access to and regularly make withdrawals.
Or you could inherit a nice beach house from your grandfather and you regularly take the family to the beach for vacations. The house is now marital property.

The court replies upon one key determining factor when it has to decide these issues. The question invariably becomes, has the property been used "regularly for the common benefit of the parties in a divorce."

Tags: Alabama Divorce, Alabama Family Law Basics, Alabama Property Division, inheritance and gifts, marital property, property

Posted on August 28, 2007 by Steve Eversole

Alabama Alimony Payments: The Basics

The purpose of Alimony in Alabama is to preserve, as much as is possible, the economic living condition of the parties as they existed during the marriage. There is a duty to maintain the status of their ex-spouse until such time as the spouse is self-supporting or maintaining a similar status to the one enjoyed before the separation.

The two most important factors to be considered in determining alimony payments are:

The need of the spouse receiving alimony.
The ability to pay by the spouse paying alimony.

However, there is a laundry list of factors that courts do take into consideration:

Standard of living during the marriage
Age and gender of each party
Length of the Marriage
Bad conduct by a party that caused the divorce(adultery)
Health of each party
Potential for maintaining their standard of living without spouse

Alimony can result from long and short term marriages as well.

Tags: Alabama Alimony, Alabama Divorce, Alabama Family Law, Alabama Family Law Basics, Alimony in Alabama, Birmingham Alimony Payments, Birmingham Divorce

Posted on August 28, 2007 by Steve Eversole

Alabama Divorce Venue: Where to File?

The Alabama "venue statute," sets out the proper county to file your Alabama divorce actions. Venue is just a fancy lawyer word for the place you file divorce papers. The Code provides several methods to establish proper venue. Proper venue can be established in one of three ways:

You may file your divorce papers in the county where your spouse resides.
In the county where you resided with your spouse at the time of separation.
Or, if your spouse is a non-resident, the county in which he/she resides.

When both parties are residents of Alabama, divorce complaints can be filed in either the county in which your spouse resides, or in the county where you both lived before the separation occurred. It is also possible to file in any county you want, if your spouse agrees.

Tags: Alabama Divorce, Alabama Divorce Law, Alabama Divorce Venue, Alabama Family Law, Alabama Family Law Basics, Birmingham Divorce, Birmingham Family Law, Filing for Divorce in Alabama

Posted on August 27, 2007 by Steve Eversole

Preparing for an Alabama Divorce

I was researching women's divorce issues and ran across an article published by The Modern Women's Divorce Guide. They have an excellent list of what a woman should do when preparing for a divorce. Check it out here.

Tags: Alabama Divorce, Alabama Women's Divorce, Birmingham Divorce, Preparing for Alabama Divorce, Women's Divorce, Women's Divorce Issues

Posted on August 26, 2007 by Steve Eversole

Alabama Common Law Marriage

Common law marriage in Alabama requires a showing of the following elements:

Capacity
Mutual agreement to enter a permanent marriage relationship
Some public recognition of the relationship as a marriage
A public assumption of marital duties and cohabitation

To establish a common law marriage, there must be clear and convincing evidence that the parties lived as husband and wife. An important issue is whether or not the parties believed, or considered themselves to be married. Other evidence can be used to establish a common law marriage , such as whether or not the couple shared household expenses, held joint accounts at the bank, or did they file joint tax returns.

Tags: Alabama Common Law Marriage, Alabama Divorce, Alabama Marriage, Birmingham Divorce, Common Law Marriage

Posted on August 26, 2007 by Steve Eversole

Alabama Child Support Guidelines: Reasons for Deviation

The Alabama Rules provide the following non-inclusive list of reasons for deviating from the child support guidelines:

Shared physical custody or visitation rights for periods of physical custody or care of children is substantially in excess of those customarily approved.
Extraordinary costs of transportation for purposes of visitation borne substantially by one parent.
Expenses of college education incurred prior to a child reaching the age of majority.
Assets or, or unearned income received by or on the behalf of, a child.
Such other facts or circumstances that the court finds contribute to the best interest of the child for whom support is being determined. A.R.J.A., Rule 32(A)(1)(e).

The existence of any factor above does not require the court to deviate from the guidelines, but may be considered by the court in doing so. Furthermore, the court may deviate from the guidelines even without any of the above factors as well.

Tags: Alabama Child Custody, Alabama Child Support, Alabama Child Support Guidelines, Alabama Divorce, Alabama Family Law Basics, Birmingham Alabama Divorce, Birmingham Divorce

Posted on August 26, 2007 by Steve Eversole

Alabama Child Support

A child has a basic right to receive support. The parents obligation to provide such support cannot be removed except by a termination of parental rights, i.e. adoption. The rules governing child support in Alabama can be found in the Alabama Child Support Guidelines, Alabama Rules of Judicial Administration, Rule 32.

The calculation of the support figure from the guidelines above is deemed correct unless shown otherwise. The guidelines are not intended to be carved in stone. They are "guidelines" only. They are meant as a map to assist parties, lawyers, and judges in making more consistent awards of child support.

Tags: Alabama Child Support, Alabama Child Support Guidelines, Alabama Divorce, Alabama Family Law, Birmingham Divorce, Child Support Guidelines

Posted on August 26, 2007 by Steve Eversole

Alabama Child Custody Basics

Alabama Courts have wide discretion in child custody cases. A child becomes a ward of the court in custody proceedings, and any matter affecting the child is a concern of the court.

In Ex parte Divine , the Alabama Supreme Court enumerated twelve factors to be considered when deciding what is in the best interest of child in custody proceedings:

Sex and age of the child
Emotional, social, moral, material and educational needs of each child
Home environments offered by each parent
Parents age, character, stability, mental and physical health
Parents capacity and interest in providing for the emotional, social, etc., needs of child
Relationship between each child and each parent
Relationship between children
Effect on child of disrupting or continuing an existing custodial status
Preference of child, if the child is of sufficient age and maturity
Recommendations of experts
Any available alternatives
Any relevant matter

Past performance is often crucial in determining custody. However, a spouse's prior performance may not be an accurate portrait of their future performance once the realities of a divorce are present. A spouse who used to work at home taking care of the kids, may not be able to stay home full-time once the divorce is final. Their financial situation, time constraints and other realities have changed.

Thus, a court has the ultimate power in determining how your children are raised in a custody proceeding. This is just one more reason why my firm advocates divorce mediation and collaborative legal processes whenever possible. You should be the ones determining your child's best interest, not the courts.

Tags: Alabama Child Custody, Alabama Child Custody & Visitation, Alabama Divorce, Birmingham Divorce, Child Custody

Posted on August 26, 2007 by Steve Eversole

Grounds for Divorce in Alabama

Alabama law recognizes twelve grounds for granting a divorce. The twelve grounds recognized by Alabama law are as follows:

Incapacity
Adultery
Abandonment
Imprisonment
Crimes Against Nature
Habitual Drunkenness/Drug Addiction
Incompatibility of Temperament
Mental Incapacity/Insanity
Irretrievable Breakdown
Pregnancy
Violence/Cruelty
Non-Support & Separation

You do not need to know that much about the grounds for divorce in Alabama. Most divorces today are "no fault" divorces, such as incompatibility. However, if your husband or wife has committed "adultery," or committed, heaven forbid, a "crime against nature", that fact may benefit you significantly in any divorce settlement.

All you really need to get a divorce in Alabama is 1) jurisdiction and 2) residence. What that really means is one of you has lived in Alabama for at least six months.

Tags: Alabama Divorce, Alabama Family Law Basics, Birmingham Divorce, Grounds for Divorce in Alabama