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Birmingham Divorce Law Blog

Nick Cannon and Mariah Carey headed for a divorce case?

After six years of marriage, there are allegations that Nick Cannon and Mariah Carey have decided to get divorced. Alabama fans may have learned about rumors that the two have been living apart for the last few months. Mariah is reportedly upset with Nick Cannon because he did not issue a joint statement about the possible divorce since one was being prepared.

Just weeks after they started dating, the pair got married in the Bahamas back in 2008; and three years later, Mariah gave birth to twins. Mariah is rumored to be unhappy with Nick's decision to announce the divorce ahead of their joint statement. According to reports, things could be getting ugly between the two, with Mariah possibly enacting a gag order against Nick. However, there is one thing that the couple still has in common and this is the focus on their children.

Prenuptial agreement covers more than just assets

Most people believe that prenups are only a preparation for a divorce in the future. However, entering into a prenuptial agreement is not only for safeguarding assets and property, it’s also about proper communication and planning ahead of time. This can help prevent or at least decrease the chances of Alabama couples having bitter arguments in the future.

Prenuptial agreements typically address certain issues pertaining to assets that were held before the marriage and assets that were gained throughout the marriage between both spouses. Also, prenups outline financial obligations, including credit cards and college debt. It’s usually beneficial to couples if they isolate these debts and have discussions about who will be responsible for paying them.

Property division and other divorce matters can cause conflict

Choosing to get a divorce may be one of the hardest decisions a person has to make in Alabama. However, the decision to divorce may be just as hard for the soon-to-be-ex, particularly when the two can’t agree on major matters such as property division or child custody. This can sometimes motivate the scorned lover to attempt to ruin the other person’s reputation, which may be easy to accomplish if the other individual hasn’t taken steps to protect himself or herself.

According to a new study, only a little more than 30 percent of people asked their exes to immediately delete the other party's personal information after splitting up. This personal content may include intimate photos and passwords, for example. In addition, one-fifth of respondents said they were apt to log in to a spouse’s account on Facebook once per month or more.

Sherri Shepherd decides she doesn't want child custody

Actress and TV host, Sherri Shepherd, has been even more in the spotlight due to her recent divorce filing. Divorce comes with many matters for Alabama spouses to iron out, including child custody, and this case is no exception. In an unusual twist of events, Shepherd has requested not to have custody of the surrogate unborn baby.

Shepherd and her newly estranged husband got married three years ago. At some point in time, Shepherd realized that she could no longer have children, which prompted her and her husband to take further action. They obtained services from a surrogate mother who became pregnant through in-vitro fertilization by a donated egg and the husband’s sperm. Initially, the husband requested for the court to grant him legal and full custody.

In some circumstances, a prenuptial agreement can be set aside

For many individuals -- whether they have important assets or children that they are trying to protect -- a prenuptial agreement can be an essential tool to utilize before entering into a marriage. However, it may surprise some in Alabama to learn that these agreements are not necessarily airtight. After a divorce, a prenuptial agreement can actually be challenged for a number of reasons.

When petitioning to have a prenup thrown out, the question of how and when it was signed may arise. Details concerning the circumstances of its signing are of particular importance as they might indicate that one party was placed under undue duress before signing. For example, a prenuptial agreement signed right before a marriage might be a sign of a spouse who felt pressured to sign rather than cancel a wedding for which they had already shelled out a substantial amount of non-refundable money.

Jennifer Lopez divorce case comes to an end

Jennifer Lopez is well-known in today's society, from being a recording artist to being an actress and a fashion icon. Most Alabama residents may remember Lopez for her hit roles in the movie "Selena" and the TV show "In Living Color." In spite of her successful career, she and recording artist Marc Anthony’s divorce became finalized after the two had been separated for three years.

Jennifer Lopez and Marc Anthony separated back in the summer of 2011 and, as of 2012, Anthony officially filed for divorce. According to reports, the court granted the parents joint custody of their twin son and daughter. The agreement states that Lopez will keep the children a majority of the time, and Anthony will keep them for seven days each month. In addition, neither of the two will be obligated to pay alimony or child support.

Alabama parents can learn from child support arrests

Child support payments play a vital role in providing kids with basic necessities such as food and clothing. Since child support payments are so important, Alabama parents who fail to pay can be arrested. Recently, police officers in another state arrested six parents for failure to pay support and posted it on twitter.

The Child Support Enforcement Agency and a County Sheriff’s Department in that state joined forces to keep the public up-to-date on the arrests of several noncustodial parents who were not adhering to court orders to make child support payments. Authorities called this feature a "virtual ride along" for those following the officers. These arrests were not just open and shut since a number of these individuals were not so easy to locate.

Including prenuptial agreement in Alabama marriages

Planning a wedding can be a bittersweet moment that is fun and stressful at the same time. While Alabama couples are choosing the perfect venue for their wedding, they may also consider a prenuptial agreement. Prenuptial agreements can safeguard spouses’ assets in case of divorce.

While some may view a prenup as a lack of trust and intimacy, there’s a difference between a young couple with no assets and an older couple with finances at stake. A large amount of couples may decide to get married at a time when they already have a successful career and own a home. They may also have large retirement savings and a considerable amount in financial assets. Even though a prenup may seem businesslike, it can still help to avoid a protracted divorce settlement in the future.

Alabama couples to avoid contingency pitfalls in alimony

Alabama residents who are considering divorce may want to be aware of a pitfall relating to tax deductions. The U.S. Tax Court recently denied a man's alimony payments that were deducted in 2008. Although his divorce decree stated that the alimony could be deducted and that his wife should report the received payments as income on her tax returns, the termination contingency on the divorce decree invalidated that stipulation.

According to the man's divorce decree, he had to pay a specific amount in alimony per month. His ex-wife was also eligible for a 40 percent portion of his bonus. It was stipulated in the decree that these payments would both terminate in the event of the ex-wife's remarriage or the demise of either one of the two parties. However, the first termination condition on the decree stated that payments would be cancelled when the youngest child reaches high school graduation.

How Alabama spouses can be in the financial know in divorce

Divorce can come with many issues, including child custody and asset division, but one of the most common issues in divorce is over finances. It's important for Alabama spouses to be aware of where they stand financially. There are ways that spouses can be financially savvy during divorce.

One step spouses can take is to become knowledgeable about their financial standing of assets and debts. It's important for spouses to know how many debts are owed and how much in funds they may have. This can help with creating a financial plan and budget as spouses enter in the single life. While reviewing finances, it's also important for spouses to check on credit scores to see how many accounts are in their names. Since the divorce process entails exchanging financial information, another step spouses can take is to organize their financial records.

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