Category Archives: Uncategorized

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. The courts will consider claims of duress or inadequate counsel Generally speaking, both parties who sign a prenuptial agreement should have the document carefully reviewed by their respective attorneys. If one spouse signed without independent legal advice, that could be sufficient grounds for the courts to dismiss the prenup. After all, the … Continue reading Alabama courts won’t uphold some prenuptial agreements

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. Alabama courts do … Continue reading High asset divorces may involve one spouse hiding assets

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. But the courts can also consider local and state norms. It’s also a fairly subjective decision, as the judge’s own personal opinions and biases can creep in. However, the overriding concern will be what is best for the children. Economic factors typically secondary to family ties Few courts can justify keeping an otherwise loving and attentive parent from exercising his or her custodial or visitation rights simply due to the parent’s lower socioeconomic circumstances. If the parent lives in a three-room shotgun shack, that’s a reality that must be dealt with accordingly. … Continue reading Do I need a separate bedroom for all of my kids?

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. Your assets are likely subject to division in a divorce Alabama seeks a property division outcome that is equitable and fair to both parties. Generally, that means … Continue reading Divorcing near retirement may mean needing to change your plans