Divorce and Marital Debt

Sage advice as to marital debt in a divorce.

http://www.huffingtonpost.com/2014/03/02/marital-debt_n_4861960.html?utm_hp_ref=divorce&ir=Divorce

I would add however that fault-based grounds for divorce (e.g., adultery) can affect the "even split" referenced by the author.

The Duty of Your Divorce Attorney

I place high priority on good communication with clients, thorough preparation, and ethical practice.  Unfortunately, not all lawyers do.  Know the signs:

http://www.huffingtonpost.com/caroline-choi/divorce-attorney_b_4071400.html?utm_hp_ref=divorce&ir=Divorce

Make sure your divorce attorney is doing what you hired him or her to do.

Child Custody and the Working Mom: Preparing for Divorce

The world has changed -- for the better -- in the last fifty years, and women are now a more pronounced presence in the professional work force.  While much work remains to be done towards achieving full equality, I see many divorces involving spouses balancing their careers and their children.  Oftentimes, the wife is both a professional and a caregiver.  In these types of situations, preparing for a divorce in advance is vital:

http://www.huffingtonpost.com/lisa-helfend-meyer/child-custody-and-the-wor_b_3369173.html

Great advice in this piece.  The trend in Alabama has been towards one parent having primary physical custody and the other having visitation.  This fact only stresses the importance of the advice in this article.  If you're in need of a child custody lawyer, don't hesitate to call.

Divorce and Mediation: Facts v. Myths

Mediation is required in every divorce case filed in Morgan County.  So, it is important that the parties in the case understand what mediation is and how it works.  Though I always apprise my clients of what to expect, this article provides some useful information to those who haven't consulted a lawyer yet:

http://www.huffingtonpost.com/diane-l-danois-jd/mediation-myths-and-misunderstandings_b_3137489.html?utm_hp_ref=divorce&ir=Divorce

I would add that generally most participants in a mediation have an attorney with them.  And, no one does mediation before filing for divorce -- though it is certainly possible to do so.

Divorce and Alabama History

Interesting history in Alabama involving divorce.

http://www.al.com/living/index.ssf/2013/03/when_alabama_flourished_as_div.html#incart_m-rpt-2

Residence requirements now require an individual live here for six (6) months prior to the filing of the divorce.

Taxes and Divorce

Issues regarding income taxes often complicate divorce cases.  Being informed is the first step to eliminating unnecessary complication:

http://www.forbes.com/sites/nextavenue/2013/03/07/taxes-and-divorce-6-tips-for-women/

(Even though this article is addressed to women, the advice is applicable to both sexes.)

In the end, divorces depend just as much on "accounting" principles as they do on "legal" rules and principles.  An effective divorce attorney will have mastery of both. 

The Legal Process of Divorce: What to Expect

Many times, potential clients have unfounded expectations about the cost, length, and complexity of their divorce.  This article provides a great overview of the details:

http://www.huffingtonpost.com/natalie-gregg/top-five-questions-asked-_b_2680505.html?utm_hp_ref=divorce&ir=Divorce

Establishing well-informed expectations will expedite your divorce and make the entire process smoother.  Of course, selecting a competent divorce attorney with a reasonable rate is important as well.

Divorce - Understanding the Options

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.