Be Financially Prepared When Considering Divorce
When considering divorce it is important to be as financially prepared as possible. Many times people realize to late just how draining a divorce can be to personal finances. Most divorces do not go smoothly and costs can climb at a rapid rate.
Some areas where cost can escalate are obtaining records, depositions, numerous court hearings on pre-trial motions. Those are just some associated with your attorney’s representation and preparation of your case. Other areas can be much worse and affect you individually. Items such as continued payments of insurance, mortgages, car payments, and utilities some times for numerous homes can be draining. Not to mention that there could be temporary orders for alimony or child support.
If considering divorce it is always a good idea to first make a financial plan that considers some or all of these factors and any other that may apply.
- Published in Divorce
What To Do If You Are Not Receiving Child Support
“I’m not getting my child support and it’s been 3 months…” This is the type of statement many attorneys hear often. If you find yourself in this type situation then you are left few choices:
The first is to not do anything. This is not recommended because it will not benefit you or the minor children in any way.
Secondly, you can pursue a civil contempt charge against the person who is supposed to be paying you child support. In a civil contempt hearing if the person is found guilty, i.e. in contempt of court for not following the court’s orders and paying in a timely manner the Judge may impose jail time and or add an amount to the monthly amount to cover the arrearage.
Third you may choose to have the person arrested and charged with criminal non-support. In this case the non-paying party may be found guilty of an actual crime not merely be in contempt of court. Once again the Judge may impose jail time or other means to have that person become current in their child support obligation.
- Published in Divorce
Domestic Violence and Teen Dating
The Alabama Coalition Against Domestic Violence (ACADV) defines domestic violence as physical, mental, sexual or emotional abuse in an intimate relationship. It occurs when one person uses abusive tactics to gain power and control over a partner or former partner.
First and foremost, if you are in a situation that you feel puts you or anyone else in danger, seek help immediately.
One of the most unrecognized instances of domestic violence occurs among dating teenagers. This happens for several reasons, but on top of the list is that young dating couples often don’t know what to expect of the dating experience or how to handle their emotions. It is important to set boundaries and expectations with kids from a young age, before they ever begin dating so they know what to look for and don’t become victims of violent dating scenarios.
Young men should be taught that treating their female partners with respect and kindness should be a character trait of masculinity. Often times young men believe that they should have the ability, or even the right, to “control” their partners in any way necessary. They also tend to believe that in order to be men, they should be physically aggressive rather than attentive and supportive of their girlfriends.
Young women should be taught that jealousy, possessiveness and physical abuse has no part to play in a healthy relationship. They need to know that abuse is not normal and that they have a trusted adult to come to in case such characteristics exist in their relationship. Often they quickly become afraid of leaving an abusive situation. These fears can lead them to not talk to a parent or guardian about abuse if not taught otherwise.
There are early warning signs in abusive situations. Teens need to be aware of what those warning signs are so they can avoid such relationships.
- Published in Divorce
Southern States Divorce Rates
It would appear that states in the South, including Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Oklahoma, Tennessee and Texas, have higher divorce rates than their Northeastern counterparts. That’s what is reported by the United States Census.
Is it really a demographic statistic or is it something more than just the location of the married couples? Do couples in the Northeast happen to find wedded bliss more frequently than couples in the South?
As it turns out, the only demographic role that’s played here is simply that there are more couples marrying in the southern portion of the country. That would naturally make it seem as though there are more divorces, but the comparison is really apples to oranges if we’re looking at numbers alone.
“Divorce rates tend to be higher in the South because marriage rates are also higher in the South,” said Diana Elliott, a family demographer at the Census Bureau. “In contrast, in the Northeast, first marriages tend to be delayed and the marriage rates are lower, meaning there are also fewer divorces.”
The numbers don’t seem to change upon examination of economic status, although divorce rates seem to be slightly higher among women than men. Along with higher divorce rates among women, it is also reported that women find themselves falling below the poverty line before divorced men to. Nationally, the rates of marriage were higher for men than for women. That seems opposite of the “more marriages, more divorces” rationale.
Widowhood also occurs differently among men and women. For example, in the last 12 month there were 3.5 instances of widowhood for men and 7.8 for women, per every 1,000 people.
It seems that divorce rates don’t have as much to do with demographic location as it does with gender.
- Published in Divorce
Who Gets The Dog?
Custody cases involving pets are on the rise across the country. They have become so common, there is even a book available about how to co-parent a pet with your ex, titled, “What About Wally?” (See the book here.)
Although pets are considered property in every state, and have historically been treated like possessions during divorce proceedings, the times are changing. Judges are beginning to view pets more like children in divorce settlements. Judges realize that people have strong emotional attachments to their pets. David Pisarra, coauthor of the pet parenting book, says, “There is a shifting consciousness. Pets are being given greater consideration under the law.”
Whereas couples were once embarrassed to fight for custody of a pet, these days animals are considered an important part of the family. But there is no law that recognizes visitation with an animal, so couples have to figure out how to handle the issue together.
The majority of the time, these custody battles grow out of a shared attachment for a beloved pet. But there are plenty of cases rooted in spite or retaliation. This article mentions a case where a man’s estranged wife had the family’s two dogs put to sleep, in an effort to hurt her husband.
If you have decided to go through the process of marriage dissolution in Alabama, you are facing what may be a very challenging time in your life. Put your trust in an experienced Dothan divorce lawyer. The right attorney will help you face all the life changing decisions that may be a part of your divorce, including any concerns you may have about your furry friend.
- Published in Divorce
Alabama Considering Bill to Make Divorcing Parents Complete Educational Program
The Alabama House of Representatives is considering a bill that would make it mandatory for divorcing couples with at least one minor child to complete a four-hour “marriage dissolution education program” prior to filing for divorce. Both parents would be required to attend the class, regardless of which parent is seeking the divorce.
The goal of the class would be “increasing the parents’ sensitivity to children’s needs,” and “giving parents skills to improve their own and their children’s adjustment to the breakup of the family.” The class would also cover reconciliation, possible benefits of avoiding divorce, and alternative options such as couples counseling. The cost would be $100 or less per person. Those who qualify as low-income would not be required to pay the fee.
Some feel that marriage dissolution classes may be a helpful thing for certain couples, but that a bill requiring the class is just another way for the government to intrude on Americans’ private lives. Others claim that some marriages that end up in divorce could have been saved if the couple received some counsel prior to divorce. They believe that the class would cause some couples to have second thoughts about divorce, and try to save their marriage instead.
If you have decided to file for divorce, this life changing decision may be one of the most challenging times in your life. If there are children involved, the stress can be even greater. It is important to seek the council of an experienced divorce attorney who can help you come to a fair agreement with your soon-to-be-ex. Whether you are considering divorce or are already involved in the process, the right family law attorney can make all the difference.
To read the original article, click here.
- Published in Divorce