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Birmingham Divorce Law Blog

Children of divorcing parents have rights, too

Adults going through divorce are often preoccupied with their own agendas and rights. When you have children, you must think beyond yourself and prioritize your children. They have rights that you need to remember and respect when you are going through a divorce.

There are many things that you have to consider when kids are put in this position. They didn't ask for the divorce, but they have to deal with the impacts. Here are some of the rights you need to respect while you are divorcing:

What happens with retirement accounts or pensions in a divorce?

Other than your marital home, your retirement account or pension is probably the biggest single asset you've accrued over the course of your working life and your marriage. You've probably spent years investing and saving for your potential retirement. When you divorce, it's only normal to want to know what you'll have to work with to rebuild.

Unless you have a valid prenuptial agreement, chances are good that the courts will decide how to handle the division of your assets. Since every couple has unique assets and circumstances, every divorce has a unique outcome. However, understanding the laws about equitable distribution in Alabama can help you understand what will probably happen with your retirement account or pension.

Handling emotions: Dealing with a contentious divorce

No one wants to think about divorcing when they get married, but the reality is that many marriages will end in divorce. Time sometimes changes people, and that can mean that you end up facing a frustrating, contentious divorce.

It's always in a couple's better interests to be civil to one another during a divorce. Not being civil can cause a divorce to drag on for months or years longer than necessary. Being unwilling to negotiate is another factor that slows down property division and can strain your relationship with your children or others in your family.

How do Alabama courts handle your retirement accounts?

Other than custody and visitation regarding children from your marriage, the division of your assets is usually the most contentious aspect of a divorce. If you and your spouse have a standing prenuptial agreement, it helps to ensure that you know what to expect.

Similarly, if you agree to terms for asset division before filing, it could simplify the process. In most other cases, the courts will need to intervene and make decisions about how to allocate both assets and debts.

Blended families have it harder

We've all heard the statistic that says 50 percent of marriages end in divorce. Additionally, a person who is divorced once is more likely to divorce in their second marriage. However, numbers only tell part of the story. A subsequent effect of divorce is the creation of blended families as parents with children from previous marriages build a household together.

The dynamics of a blended family are different from a traditional nuclear family because more than one set of parents and children must now be considered in arrangements. The decisions of biological parents and the influence of stepparents can create tensions between households, and the potential for conflict is not going away soon.

3 ways to keep the kids happy during divorce

Divorce is a disruptive process. It may mean your children see you or your spouse less often. It can mean you have less time together with your kids and that you have limited patience with them or others because of your situation.

It's always important to put your children first, even if you're feeling stressed. Remember, their lives are changing, and unless they're approaching adulthood, they likely have very little say in what happens next.

How Alabama courts handle asset division in a divorce

Choosing to divorce in Alabama can be a difficult decision. Much like marrying, divorcing is a legally binding process that requires preparation and careful consideration. Once you know that divorce is inevitable in your marriage, however, you're going to start wondering about the potential outcome of the process. There are many uncertainties involved in divorce, including custody of minor children, child and spousal support (alimony), and division of your marital assets and debts.

While every marriage is inherently unique, knowing how the courts approach asset division in Alabama can help you understand the likely outcome of your divorce. Even if you can't predict exactly what terms the courts will set, barring the existence of a valid prenuptial agreement, you can create an informed guess about the potential outcome of asset division when you understand state laws on the topic.

3 moves to help alleviate financial headaches during divorce

Going through divorce is a difficult experience emotionally for both spouses.

Additionally, there can be significant financial burdens for those couples who are navigating through divorce proceedings. Fortunately, taking a few proactive measures can help you limit the financial headaches that divorce can cause.

Planning to file for divorce in 2018? Do these 3 things first

There is typically an increase in the number of new divorce filings early in the year. This may be partly due to people waiting for the holidays to end, while others may simply have simply resolved to make a major change in their lives.

In fact, because divorces are so common early in the year, some family law attorneys refer to the first working Monday of the year as “Divorce Day.”

5 key things to know about the adoption tax credit

There was some concern as the recently pass tax billed made its way through Congress that the adoption tax credit would be discontinued. Fortunately, for parents who are thinking about adoption, legislators preserved the credit.

While we know that the adoption tax credit is still available to for families, there remains a great deal of confusion surrounding it. Below are elements of the tax credit that adoptive parents should be aware of:

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