Divorce, like marriage, is a part of life. And, though it usually has unavoidable side-effects and consequences, the act of ending a marriage is often the healthiest solution for all parties involved. When a married couple is contemplating terminating their marriage, I believe there are several options they should consider.
Five Options: Voluntary Separation, Legal Separation, Uncontested Divorce, Contested Divorce, and Collaborative Divorce.
Voluntary Separation - When husband and wife decide to split up without taking any sort of legal action, they are said to be voluntarily separated. This simply means that they have decided to live apart for the time being. They are still married with each and every right that goes along with the legal union.
Legal Separation - Almost no one is aware that Alabama offers an alternative to divorce that allows the parties to live apart, to divide property, to determine custody of the children, and to allocate child support and alimony, without actually ending their marriage. A legal separation basically does all of the same things as a divorce but does not terminate the marriage. It allows the couple time and space to reflect on their relationship and whether the possibility of reconciliation exists. If not, a divorce is an easy next step - the court may simply incorporate the rules that governed the separation.
Uncontested Divorce - Often times, both husband and wife realize their marriage is over. Instead of sadness, they feel a sense of relief that they are ending a relationship that has caused themselves and the other distress and harm. There is no feuding or fighting, just a desire to end the marriage. If both husband and wife agree about how their property should be divided, how their marital debt should be allocated, how custody should be allocated, and so on, an uncontested divorce is possible. There are several benefits to this type of divorce. It's quick. It's relatively inexpensive ($650 + filing fees). It's easy on the parties.
Contested Divorce - When the parties do not agree, when one person does not want a divorce and one does, or when both parties feel the need to protect their interests and each hire a lawyer, the divorce is contested. In essence, this means the process of ending the marriage will be long and drawn out, sometimes nasty, and more than likely expensive ($2,000 retainer).
Collaborative Divorce - Divorce decrees issued by trial judges often leave one side unhappy. The process of collaborative divorce arose to allow both parties to work together to reach an amicable settlement. The process works by utilizing lawyers and family professionals and counselors in an effort to help the husband and wife decide what each truly wants and is willing to compromise on. This avoids the uncertainty of allowing a trial judge to decide. Collaborative divorce is still a growing phenomenon.
Trust this helps answer some basic questions you may have. If not, don't hesitate to contact Jonathan D. Watson, Decatur and Huntsville divorce lawyer. And, as always, my best.
Tuesday, February 22, 2011
Saturday, February 5, 2011
"You're Fired!!" Can You Sue Your Employer?
Probably not, but maybe. Here's Southern Justice's take: Alabama follows what is labeled the doctrine of at-will employment. At-will employment simply means that your employer can fire you for a good reason, any reason, or no reason at all. Your employer, by the same token, will not be able to sue you for taking a job with their strongest competitor or retiring to the beach. Essentially, you can leave your job any time without worrying about being sued, and your employer can leave you without worrying about being sued. There are, however, actions that an employee and employer can take that can alter the at-will status.
First, if you and your employer have signed an employment contract, then you both are bound by the terms of the contract. For an example, think of college football head coaches. Except for former University of Alabama head football coach Mike Price, they always sign employment contracts and are never employed at-will. In Alabama, the employment contract must also be in writing.
Another way to alter the at-will status is to be part of a union. You could think of unions as simply an employment contract between a lot of workers and their employer. The contract itself is called a collective bargaining agreement. In the union context, the collective bargaining agreement governs the employment status of the workers, and union workers typically cannot be fired for just any reason at all. The idea is that there is bargaining power in numbers, and that idea certainly holds true for union workers.
Outside of some sort of contractual agreement, most Employee protections come from laws passed by the federal government, and the federal government has passed several of them. Here are a few: You cannot be fired because you become pregnant or are pregnant. You cannot be fired, demoted, or not promoted because of your sex, race, religion, or national origin (discrimination). You cannot be harassed because of your sex (sexual harassment). If you work more than 40 hours a week, you must be paid overtime at a rate of 1.5 times your regular rate. You must be paid for the hours you work, and you must be paid a minimum wage for those hours worked. Your employer cannot label you "salary" just to avoid paying you overtime. You cannot be fired, demoted, or not promoted if you are "regarded as" having a disability. Your employer cannot retaliate against you for attempting to enforce any of these rights. These are the employee protections that employers most frequently violate, but there remain more federally protected worker rights.
Bottomline: Unless you have signed an employment contract, are a member of a union, or have been fired, demoted, or not promoted because of one of the reasons listed above, then you will not be able to sue your employer. However, if you believe that your employer has taken an adverse employment action against you or wrongfully terminated your employment, call a Watson & Davis employment lawyer today for a free consultation to discuss your rights.
First, if you and your employer have signed an employment contract, then you both are bound by the terms of the contract. For an example, think of college football head coaches. Except for former University of Alabama head football coach Mike Price, they always sign employment contracts and are never employed at-will. In Alabama, the employment contract must also be in writing.
Another way to alter the at-will status is to be part of a union. You could think of unions as simply an employment contract between a lot of workers and their employer. The contract itself is called a collective bargaining agreement. In the union context, the collective bargaining agreement governs the employment status of the workers, and union workers typically cannot be fired for just any reason at all. The idea is that there is bargaining power in numbers, and that idea certainly holds true for union workers.
Outside of some sort of contractual agreement, most Employee protections come from laws passed by the federal government, and the federal government has passed several of them. Here are a few: You cannot be fired because you become pregnant or are pregnant. You cannot be fired, demoted, or not promoted because of your sex, race, religion, or national origin (discrimination). You cannot be harassed because of your sex (sexual harassment). If you work more than 40 hours a week, you must be paid overtime at a rate of 1.5 times your regular rate. You must be paid for the hours you work, and you must be paid a minimum wage for those hours worked. Your employer cannot label you "salary" just to avoid paying you overtime. You cannot be fired, demoted, or not promoted if you are "regarded as" having a disability. Your employer cannot retaliate against you for attempting to enforce any of these rights. These are the employee protections that employers most frequently violate, but there remain more federally protected worker rights.
Bottomline: Unless you have signed an employment contract, are a member of a union, or have been fired, demoted, or not promoted because of one of the reasons listed above, then you will not be able to sue your employer. However, if you believe that your employer has taken an adverse employment action against you or wrongfully terminated your employment, call a Watson & Davis employment lawyer today for a free consultation to discuss your rights.
Subscribe to:
Posts (Atom)