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.

7) Never assume that your so-called ‘permanent’ alimony will always be around. It’s fairly common for women who have been married for some time and also out of the job market to receive permanent alimony. Especially if your soon-to-former spouse was a good wage earner, you will likely be awarded this by the court.

However, circumstances change. If your ex comes down with a serious illness, loses his job or gets a demotion, he is entitled to seek a reduction (or worse) termination of his monthly obligation to you. A more common situation is that the wife is awarded support for a finite period with the option of extending support in the future. In the worst of cases, the court may decide that you have the abilities and health to pursue gainful employment yourself -- if your marriage was relatively short, you may get nothing at all.

The bottom line is you must be prepared to pull yourself up by your bootstraps. They say that God helps those who help themselves and it is those with foresight who look to the future by pursuing further education and learning new skills. By taking the initiative early on, you will make yourself less vulnerable economically if and when that alimony runs out.

8) Finally, have faith in your own abilities and desire to make a better future. Believing in yourself goes a long way toward making good things happen. Don’t be so concerned about finding Mr. Right the second time around. If it happens, it happens. But until it does, concentrate on Number One. Taking control of your life as you open this newest chapter will make all the difference.

You may discover skills or talents that you never knew you had. You might find that you have abilities that were dormant during your married life, which could truly open the door to a better future. Have faith and be strong. Write your own success story and remember: Living well and being happy can sometimes be the best revenge.

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.

5)  Don’t underestimate your retirement assets. If you are still in your prime earning years, or even if you are middle-aged and still very productive, it may be difficult to fully appreciate the benefits and importance of tax-deferred assets in IRA, 401(k) or pension accounts. And although it may be tempting to take “offsetting” cash or the house or even the family car now, while putting off worrying about tomorrow for later, the tax implications could set you back further than you may know.

A financial advisor can help you to carefully analyze long-term needs versus cash-in-hand options. Again, being prepared ahead of time will save you a great deal of grief after the divorce is final. Use the internet and other specialized services to help you make the right financial decisions the first time because you usually cannot go back once you take monies out of a tax-deferred account, for instance.

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.

For some women, it may be difficult to face up to the fact that their husband will not be taking care of all those things he previously handled for the family. Promises of trying to work things out or the feeling that if the two of you just sat down with a third party things would get better are falsely comforting and get in the way of actual planning needed to transition to being single again.

The reality is that you and your spouse take on adversarial roles where what used to be common and shared interests in things such as assets and living expenses. Because you need to be fully aware of your entire financial picture, one solution would be to assume the best, but prepare for the worst.

In this case it is important to find a qualified divorce lawyer to whom you can put some, but not all of your reliance. While you can listen to what may or may not be a fair and equitable proposition for settlement from your spouse, always consult with your attorney before making any ultimate commitments.

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


 

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:

  1. An incompatibility of temperament that results in the two parties’ inability to live together
  2. 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
  3. 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:

 

Each of these areas include complicated and very serious topics, so it is a smart move to approach each of them separately and resolve one before addressing the next. Meeting each other halfway can go a long way toward speeding along the No-fault divorce process and getting on with your life.

Once a friendly agreement is arrived at for the above three areas, the balance of a No-Fault divorce includes putting the information you accumulated on various state documents including the initial divorce complaint, then signing the documents and filing them with your particular Court of Jurisdiction.

Alabama has a waiting period of 60 days from the date of signed Decree of Divorce before either spouse can remarry within the state. However, there is no waiting period for an out-of-state marriage.

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

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.
 

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:

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

 

Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 1

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. 

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.

 

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.


 

Birmingham Family Law: Choosing Legal Separation over Divorce in Alabama

Alabama is a state that recognizes legal separation. As a Birmingham divorce attorney, a certain percentage of my clients typically ask about this option as an alternative to divorce. Legal separation, which is sometimes referred to as "judicial separation," "separate maintenance" or "divorce a mensa et thoro" (translation: "divorce from bed-and-board"), is way in which a married couple may legally formalize what can be a de facto separation while at the same time remaining legally married.

People choose legal separation for a number of reasons, but it usually is done if there is still some hope of saving the marriage, or if one or both of the parties (or even their families) have a moral or religious objection to divorce.

For the state of Alabama to recognize a legal separation, the parties shall 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 Rule 32 of the Alabama Rules of Judicial Administration

As implied above, a legal separation does not necessarily lead to a divorce. It does leave the door open to reconciliation, in which case the parties usually need not do anything more, as they are still legally married. 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.

As an Alabama family law and divorce lawyer, I have handled many legal separations as well as helped cleints through divorces. The law can many times be complex and confusing. A qualified legal professional with experience in family law can be a great help when guiding people through the legal process during what can be a truly difficult and emotional time.

 

Pop Icon Michael Jackson's Death Raises Custody Issues for Relatives and Birth Mothers

Amidst the worldwide outpouring of sorrow over yesterday’s untimely death of pop music legend  Michael Jackson, one big question that family law experts are asking is who will get custody over his three children. As a Birmingham divorce and family law attorney, I have encountered a variety of child custody cases throughout my career, but Mr. Jackson’s case is rather unique, not just to Alabama, but even to the quirky world of eccentric entertainment personalities.

With uncertainty relating to the children’s conception, questions of paternity, as well as the way in which the kids have been brought up, speculation is swirling as to whom the Jackson children will eventually wind up with. No doubt, this child custody case could have some surprising twists and turns.

There are several interested parties including Jackson’s mother, Katherine, and the children’s nanny, Grace Rwaramba, who has worked for Jackson for almost 20 years. Another large presence is the surrogate mother of the two older children. In addition, there is a second surrogate, mother to Jackson’s third child, who reportedly lives in Germany. According to news sources, Jackson’s estate is in the red by about $400 million dollars, however the entertainer’s notoriety will likely make the Jackson children’s custody a hotly contested issue.

Katherine Jackson has expressed a very strong desire to adopt her three grandchildren, according to a long-time family friend. However, Jackson himself reportedly said that he wanted the kids’ nanny to have custody should anything ever happen to him. Rwaramba, 42, had assumed an increasingly central role in lives of Jackson and his children, according to news stories. Following his acquittal on molestation charges in 2005, Jackson, Rwaramba and the children moved to Bahrain and then later to Ireland.

Surrogate mother, Debbie Rowe, who was a nurse in the office of Jackson's dermatologist, is the birth mother of two of Jackson’s kids, 12-year-old Prince Michael Jr. and 11-year-old Paris Katherine. Rowe was artificially inseminated prior to both pregnancies, but has never revealed if Jackson was the father of either child. She and Jackson were married briefly after Prince's conception, but divorced six months after Paris' birth.

Apparently, Rowe gave Jackson custody of the children, but sued him in 2006 for breach of contract in an attempt to regain custody. The pair settled out of court for undisclosed terms and Jackson retained custody. However, it is a good bet that with the Jackson’s recent death, Rowe will again try to gain custody of her children.

To add to the drama, Jackson’s third child was born to another surrogate whose identity has not been released. This woman, who gave birth to Prince Michael II in 2001, could add another component to the case. Prince Michael II,  better known to the public as Blanket, was infamously dangled by the pop star from the window of a Berlin hotel not long after his birth.

 

Who Will Get Custody of Michael Jackson's Kids?, ABCNews.com, June 26, 2009

Alabama Divorce Concerns: Child Custody and Visitation Issues

For those looking at divorce in the near future, a significant number may also be wondering about the potential custody arrangement for your children. As a Birmingham family law and divorce attorney, I’ve lent my shoulder to many a parent, but it’s the kids that make this job tough. Last week I explained legal custody and joint custody. Right now, I’ll pick up with sole and joint custody to round things out.

Sole Custody
In this scenario, one parent can have either sole legal custody or sole physical custody of a child. In many states, divorce courts are moving away from awarding sole custody to one parent and toward increasing the role a divorced father plays in his children's lives. Even when courts do grant sole physical custody, it is common for both parents to share joint legal custody, with the non-custodial parent enjoying a generous visitation schedule.

With this arrangement, the parents make joint decisions about the child's upbringing, with one parent deemed the primary physical caretaker and the other granted visitation rights. Courts hardly ever hesitate to grant sole physical custody to one parent if the other is deemed unfit -- this can include instances of drug or alcohol abuse, when the other parent has a new partner who is unfit for similar reasons, or if there are charges of child abuse or neglect.

I’ve seen many cases where one or the other spouse harbors a great deal of animosity toward the other, but believe me, it's wiser not to seek sole custody unless the other parent causes direct harm to the children. Even in such cases, the courts have been known to simply allow supervised visitation, while still ordering joint legal custody.

 
Joint Custody
Also known as shared custody, joint custody is reserved for parents who don't live together but who share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together in the first place. Joint custody can be legal, physical or both.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. And when parents share joint custody, they usually create a schedule based on their work and housing arrangements as well as the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement.

In this case, a common pattern is for children to split weeks between each parent's house or apartment. Other joint physical custody arrangements include alternating months, years, or six-month periods; or spending weekends and holidays with one parent, while spending weekdays with the other.

Joint custody allows kids to have more continuous contact and involvement with both parents, plus it also spreads out the burdens of parenting to each party. Like anything in life, there are always disadvantages, such as:

  • Shuttling the children around can be costly and time-consuming
  • Any potential parental non-cooperation or ill will can have seriously negative effects on the kids
  • Maintaining two homes for the children can be expensive

One thing to keep in mind regarding joint custody is to keep detailed and organized financial records of all your expenses. Keep your receipts for groceries, school supplies and items for after-school activities, clothing, and medical care. The reason for this is simple. It is possible that some ex-spouses may claim they spent more money on the kids than you have -- keep in mind that a judge will appreciate the fact that you maintained detailed records.


Bird's Nest Custody
One variation on joint custody is the so-called “bird's nest custody.” This custody arrangement allows the children to remain in one residence year-round, while the parents take turns moving in and out, spending their own individual visitation time with the kids on their home turf, while maintaining separate housing elsewhere. The expense of a third house may preclude this type of arrangement for most people, but I include it here as just one more option. I can provide more help and suggestions, so if you would like a free initial consultation, please contact us anytime.

Alabama Divorce Concerns: Addressing Custody of the Children

If you’re reading this, you’re probably facing divorce. More than likely, you have at least one child and you’re worried how much time you’ll get to spend with him or her after the divorce. It may not be much comfort, but you’re not alone -- each year more than one million couples on average get divorced nationwide.

From the standpoint of a Birmingham divorce and family law attorney, I can tell you there are several ways to go with custody. You should learn the difference between each type so you know going forward which is the best for your situation. I’ll explain two types today: legal custody and physical custody. We’ll save sole custody and joint custody for another time.


Legal Custody
As a parent with legal custody, you would have the right -- as well as the obligation -- to make all-important decisions about your child's upbringing. This includes choices pertaining to schooling, religion, and medical care, among others. In many states, courts typically grant joint legal custody, which means that both parents share in the decision-making process.

Remember that if you share legal custody with the other parent and you exclude that person from the decision process, your ex can ask the court to enforce the joint custody agreement. The court won’t fine you or send you to jail, but the episode will more than likely create additional friction between you and your former spouse, which is not going to help your kids, who should be foremost in your mind.

If the exclusion is based on some deeper issues (such as a history of abuse, etc.), you can ask the court to change the custody agreement and grant you sole custody. Be aware, however, that most states will usually lean toward joint legal custody, unless you can persuade the court otherwise. This is where a good divorce attorney can really come in handy.
 

Physical Custody
A grant of physical custody gives a parent the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. In cases where the child lives primarily with one parent, and has visitation with the other, the parent with whom the child primarily lives will usually have sole physical custody, with visitation rights granted to the other parent. This works best if the parents live close by, which also helps to reduce children’s stress levels by allowing them to maintain a somewhat normal routine.
 

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.

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. 

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.