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

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.

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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.
 

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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:

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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.

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Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and informed counsel in a time of emotional upheaval.

Having an experienced attorney by one’s side is paramount when working through the various steps of legal separation and divorce. I have the training to make the process as smooth as can possibly be expected under the circumstances. The many legal terms and conditions can be confusing for some people, which is why I always recommend finding a competent divorce lawyer right off the bat.

Here are some of the legal terms you may run across when facing a divorce or separation in the state of Alabama.

Legal Separation
Here in Alabama, the state recognizes legal separation. Courts will typically enter a decree of legal separation if 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 the law

Property Division
Alabama is an equitable distribution state, which means that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband. All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit.

Additional information will be included next week in part two of this discussion. 

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