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Birmingham Divorce Law Blog

Have you thought of the advantages of a 50-50 custody agreement?

Child and family psychologists and psychological researchers agree that children of divorce benefit when they can spend as much quality time as possible with both of their parents. However, when two parents divorce, achieving this becomes a little more difficult since the parents won't live in the same home. One solution involves the 50-50 child custody plan.

With a true 50-50 parenting plan, i.e., joint physical custody arrangements, both parents will share the responsibility of caring for and raising the child equally. The child will divide their time living with both parents -- and essentially maintain two homes.

Protecting your parenting time rights is essential

Parents who choose to raise a child separately often face numerous conflicts over sticking to their custody order. Unfortunately, some parents seem to believe that custody orders are a strong suggestion from the court, not legally binding orders.

While it is normal for most parents to run into unavoidable scheduling issues from time to time, some parents push the issue. They wish to see what they can get away with. They want to gain more time with the child or punish the other parent. This behavior is not only unacceptable on a personal level, it is also illegal. It may result in loss of privileges by the offending parent.

Top tips for asking your spouse for a divorce

You'll have many difficult conversations in your life, but if you find yourself asking your spouse for a divorce it'll probably move to the top of the list of challenging talks. There is nothing easy about this, even if your spouse knows it's coming.

Despite the difficulties, there are many things you can do to ease your stress and push the conversation forward in an efficient and productive manner. Here are some top tips to keep in mind:

  • Prepare for everything: You don't know what your spouse will say or do, so you need to prepare for anything and everything. If you neglect to do this, you could be caught off guard during the conversation, and that's not something you need.
  • Choose the right time and place: There is more to asking for a divorce than blurting it out at dinner, leaving the house and hoping that everything works out. You need to choose the right time and place, as this can have an impact on the end result.
  • Have a plan and stick with it: Your spouse may attempt to talk you out of getting a divorce. Your spouse may become so upset that you begin to wonder what they'll do next. It's not always easy to do, but you have to stick with your plan.
  • Stay safe: Your safety and well-being is more important than the conversation itself, so don't do anything to put yourself in a bad spot. If you have fears about what your spouse may do, ask for a divorce in person or over the phone. It's not ideal, but it's the safest decision.
  • Avoid the details: You may be tempted to talk about the details of your divorce, ranging from child custody to who will get the family home. There is time for this in the future, so you don't have to cram it into this conversation. Talking about these things shortly after asking for a divorce has the potential to cause a serious argument.

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.

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