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.