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

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.   

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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. 

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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. 

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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. 

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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. 

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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. 

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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. 

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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. 

 

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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. 

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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. 

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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. 

 

 

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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. 

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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.   

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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. 

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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! :)

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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.

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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. 

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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. 

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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.

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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

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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. 

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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. 

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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. 

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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. 

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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. 

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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. 

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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.   

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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. 

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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. 

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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.

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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.

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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. 

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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

 

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 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. 

 

 

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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.

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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.

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