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Birmingham Divorce Law Blog

How an affair can impact your divorce in Alabama

Finding out that your spouse has been carrying on an affair is often emotionally devastating. You likely trusted your spouse until you discovered this indiscretion, and now you feel like there is no hope for rebuilding trust and saving your marriage. That is a very common response to infidelity, and it can lead people to begin considering divorce.

Infidelity is a common reason for couples to seek divorce. When one spouse cheats, the other spouse may choose to initiate a divorce. Regardless of who filed, if your spouse cheated on you, you are probably wondering if that will have any effect on the outcome of your divorce. While every divorce case is unique, there are certain standards in place.

You may not be responsible for malicious spending by your ex

Splitting up your possessions and debts from your marriage can be a contentious issue in divorce. After all, money often plays a major factor in the breakdown of marriages. Whether one of you has trouble spending money or can't seem to save any money, financial disparities can cause major marital strife.

Now that you are on track for a divorce, you probably worry about whether you will get held responsible for your spouse's habits and debts. Depending on your situation, it may be possible for you to avoid responsibility for certain debts during an Alabama divorce.

What you need to know about dividing your home in an AL divorce

For the average family considering divorce in Alabama, child custody and splitting up assets are the two biggest issues. When it comes to asset division, the biggest source of contention is often the marital home. After all, your house is likely the most expensive purchase you made during your marriage. Your monthly mortgage payment probably represents a significant amount of your monthly income.

It is only natural and normal to want to receive a fair amount of the equity you have built up in your home during the course of your marriage. Informing yourself about Alabama laws and how the courts handle them can help you understand the likely outcome of your divorce. It is important to understand, however, that every divorce is unique and there is no guarantee about how the courts will rule on asset division in any given case.

Child custody modifications for Alabama fathers

Many fathers in the state of Alabama feel frustrated that they do not have enough time with their child because of the current child custody set-up. Often, if biological parents have split up while the child was still very young, for one reason or another, the mother will become the primary custodian and spend more than 50 percent of the time with that child.

However, it is generally regarded to be in the best interests of the child to have equal bonding time with both parents. It is quite common for fathers in Alabama to decide to push forward with filing for joint custody as the child gets older. There are many benefits for both the parents and the child when it comes to joint custody. It means that the parents are better able to work toward parenting decisions together, and that the child is able to spend quality time with both parents.

Ask for a prenuptial agreement without angering your partner

As you approach your wedding day, you may contemplate the many steps you can take to protect your future. For example, a prenuptial agreement can go a long way in protecting both individuals' assets in the event of a divorce.

While there are many benefits to creating a prenuptial agreement, doing so can be a challenge. Your future spouse may not necessarily be on the same page as you are regarding the necessity of drafting a prenup.

Can you run the family business together after divorce?

Some people in Birmingham support their families by running their own businesses. It's a great way for families to seek financial independence, but it can quickly become complicated if a marriage fails.

If you are considering divorce and started a business during your marriage with your spouse, there are likely going to be complications. Unless you have a prenuptial agreement or have taken special steps to protect your company, your ex could receive half of the company in the divorce. If you don't think you will be able to continue operating the business together without issue after you divorce, you may need to start planning now.

Alabama courts won't uphold some prenuptial agreements

Prenuptial agreements, also called prenups, used to be common only among the very rich and famous. As society has changed and divorce rates have climbed, however, more people than ever before consider these documents an important protection prior to marriage.

If you're considering divorce and you executed a prenup before your wedding, you may wonder what impact it will have on your divorce. Whether you want it upheld or hope that the courts will throw it out, educating yourself about Alabama's approach to prenuptial agreements could help you predict the likely actions by the courts in your case.

High asset divorces may involve one spouse hiding assets

Divorce can bring out the worst in some people. Many seem to act in a manner that is quite different from who they are most of the time. When emotions run high, poor behavior can be a consequence. Even if you're trying your best to stay calm and rational, your spouse could succumb to the temptation to act out during your divorce.

When that happens, you could have to deal with a host of problems. One common way people try to punish their spouses for wanting a divorce is to attempt to skew the asset division process. It doesn't take much time or energy to create a secret account or to hide a few items of substantial value. If you have any reason to suspect that your ex wants to adversely impact the asset division process in your divorce, you need to take steps to protect yourself.

Do I need a separate bedroom for all of my kids?

When the Birmingham family courts rule on child custody matters, they take many factors into consideration when determining where the children will live.

One potential factor that could influence the court's decision is the parent's living accommodations. There is no single standard for acceptable living conditions. It's dependent on many things, including the parents' and children's unique circumstances.

Divorcing near retirement may mean needing to change your plans

Divorce has become more common and more socially accepted in our country. More people than ever choose to end their marriage via divorce and doing so incurs significantly less social stigma than it once did. People who may have, at one time, stayed together for the children or the convenience of an existing marriage may now consider splitting up.

This means that more people at or near retirement age divorce than in the past. Now, a gray divorce may have many impacts on retirement account and assets. These impacts could leave you scrambling to adjust your expectations and make up the lost savings. Understanding the potential financial impact of a gray divorce can help you better plan for your fresh start and future.

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