Tag Archives: divorce

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. According to the Pew Research Center, 40 percent of Americans have a step-relative in their immediate family, and the potential for problems arises because stepparents don’t proactively attempt to resolve issues between households, leading to a higher … Continue reading Blended families have it harder

Who gets to stay in the house after a divorce is finalized?

When thinking about assets like money, it’s relatively easy to divide it among the two spouses during a divorce. While there may be disagreements about how much each spouse is entitled to, the actual act of division can be straightforward. Other assets are harder to divide. This is especially true when it comes to the house that you and your spouse own. For many couples, the house is also the single largest piece of marital property that needs to be divided. Additionally, the strong emotional ties people have with their homes makes it something that each spouse highly values. Because of these factors, couples want to know which spouse will receive the house after the divorce is finalized. How is the house divided? If the house was purchased before your marriage by one spouse, that spouse would likely get to keep the property. The other spouse, however, may be entitled … Continue reading Who gets to stay in the house after a divorce is finalized?

Language is important when it comes to a prenuptial agreement

Prior to marriage, many couples decide to enter into a contract which commonly determines property divisions and spousal support in the event of a future divorce. Alabama couples might be interested in a recent decision made by a court in another state. The ruling stated that one couple’s prenuptial agreement, executed abroad in 1997, is not valid because one of the spouses could not read the language in which the contract was written.  At the time the agreement was executed, the bride-to-be relied upon a verbal translation offered by her fiance. The man in question is apparently worth tens of millions of dollars. The woman is said to have trusted the translation he gave of the prenuptial agreement. He represented that it would simply bar her from being able to lay claim to his parent’s riches if she divorced him. In 2012, when the woman started proceedings for divorce, she … Continue reading Language is important when it comes to a prenuptial agreement

Senator says dividing child custody more evenly is good for kids

Most couples who enter into marriage do so hoping that their marriages will last for the rest of their lives. Unfortunately, some studies indicate that approximately half of all married couples in the nation eventually file for divorce. Many of these couples have children. Recently, a senator outside the state of Alabama drafted a bill which would require that child custody be divided more evenly between divorcing spouses. The senator stated that she believes that it is crucial for children to have frequent interaction with both parents after divorce. She claims that kids receive a multitude of benefits from spending time with both parents, as mothers and fathers have different qualities to offer their children. Her newly introduced bill would ensure that children’s time with their non-custodial parents is not less than 35 percent unless extenuating circumstances would deem less visitation appropriate. An interesting issue within the issue concerns grandparents potentially affected … Continue reading Senator says dividing child custody more evenly is good for kids

Prenuptial agreement can alleviate Baby Boomer stress

In the state of Alabama, and all across the nation, the youngest of the Baby Boomers are slated to turn 50 this year. According to a recent poll, 40 percent of 2014’s newlyweds have also been involved in previous marriages. A prenuptial agreement is often used in these circumstances in order to prevent future discord and squabbles. A recent report gave advice to those born between 1946 and 1964. Due to the fact that the human life expectancy has risen, the report suggested that those approaching retirement should begin early to prepare for the long-term reality of their Golden Years. Financial suggestions of saving more and spending less were included in the report. Another tip given to readers stated that it is better to “loan” your children money, rather than “gifting” it to them. This way, if your children end up in divorce settlements, your money will be protected. Circumstances … Continue reading Prenuptial agreement can alleviate Baby Boomer stress

Prenuptial agreement can be beneficial for Alabama couple

Prior to saying “I do,” many modern couples are now signing prenuptial agreements. This is because couples are now realizing that a prenuptial agreement can help them avoid confrontation in the future. For Alabama couples who are heading toward the altar, a prenuptial agreement deserves serious consideration. Prenuptial agreements can be beneficial for many different reasons. One of those reasons is an inheritance. Having a prenuptial agreement in place is often reassuring to generous family members, such as grandparents, who may be concerned about the prospect of their assets being handed to an in-law in the event of a divorce. In addition, prenuptial agreements can help to soften the blow that a divorce could potentially deliver, since assets can increase and decrease throughout a marriage. This is especially true as financial success, incomes and bankruptcy are often completely unpredictable. For this reason, it is wide to avoid dollar-amount promises, instead one could … Continue reading Prenuptial agreement can be beneficial for Alabama couple

A prenuptial agreement can help avoid court battles over pets

Prenups are becoming more common for newly engaged couples that wish to safeguard the assets they are bringing into the marriage and to provide for the division of marital assets if the couple ends up getting a divorce. A prenuptial agreement could potentially eliminate the need for Alabama couples to spend a significant amount of time and money in the courts if their marriage ends. Many people are also beginning to use prenups to deal with one other item that the law considers property — the family pet. People can spend thousands of dollars attempting to gain “custody” of the family pet, which can be problematic due to the fact that only Alabama’s property division laws apply in the courtroom. Who receives the family pet in a divorce is not argued or decided in the same manner as child custody issues. Who is the most fit to take care of the … Continue reading A prenuptial agreement can help avoid court battles over pets

Benefits of shared child custody for Alabama parents

Many divorcing spouses have obstacles to overcome, particularly when children are involved. Each Alabama parent has the opportunity to gain child custody. While many parents fight for full custody, it has become apparent that shared custody may be in the best interest of the children. When a couple decides to divorce, they may agree that the best thing for their children is co-parenting with shared custody. However, there may be those who feel that joint custody never works out and that it’s best to file for full custody. On the contrary, as long as there has been no abuse or violence, the best situation for the children may be to have equal time with both of their parents through shared parenting. This is similar to joint custody, but there are differences. Under shared parenting, both parents equally have the right to time with their kids and also to make decisions for … Continue reading Benefits of shared child custody for Alabama parents

Court upholds spousal support waiver upon appeal

Prenuptial agreements are designed to predetermine various aspects of a divorce in order to avoid or at least minimize litigation. These types of agreements, which are common among spouses in Alabama and other states, will decide issues of property division and spousal support. A strong prenuptial agreement will stand up against any legal challenge to the validity of its terms in court. One couple’s prenuptial agreement was put to the test recently in court when the wife attempted to challenge the validity of the agreement. Apparently, the couple had mutually waived their rights to spousal support when they signed their prenuptial agreement in 1999. The wife filed for divorce in 2009 and was able to convince the judge in the trial court to award her $3,500 per month in spousal support for the period of 49 months, despite the prenuptial agreement. The trial court judge ruled that forcing the wife … Continue reading Court upholds spousal support waiver upon appeal

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. In addition to finances, prenups can also address issues as to how children are to be raised and their religious practices during holidays. While child-related matters may be limited in the courtroom, the judge … Continue reading Prenuptial agreement covers more than just assets