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

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.

With so much at stake, an Alabama lawyer trained in divorce and family law should be sought in matters such as this, because the tests for common law marriage in Alabama can be vague at best. Should a court decide that the couple qualifies as being in a common law marriage, all the legal processes that apply to a legal marriage would apply.

Because of this, if someone in a current cohabitation arrangement feels that he or she may want to leave the relationship now or in the future, it would be wise to enlist the help of a qualified legal professional to sort out the legal standing of that particular relationship.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.   

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 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. 

 

 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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:

1. You may file your divorce papers in the county where your spouse resides.
2. In the county where you resided with your spouse at the time of separation.
3. 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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link