It is common knowledge that many married couples choose, at some point, to dissolve their unions. In states across the nation, including Alabama, approximately 40-50 percent of marriages end in divorce. Most couples involved in such circumstances tend to hope for a peaceful settlement and amicable parting of ways. It is also common knowledge, however, that this is not always the case. Divorce is often wrought with stress, and complex issues can lead to very unpleasant situations. Suggestions were recently offered in an article to help couples avoid some of the negativity that can arise when dealing with issues of property division, child custody and other things, such as finances. One practical tip is to remember that one can never change another person’s actions, only one’s own reactions to them. It is never healthy to lament over the successes, material riches or new circumstances in a former spouse’s life. A … Continue reading Finances, children and property are all potential divorce issues
Birmingham Divorce Law Blog
Alabama reader asks alimony question
In a recent advice column, a question was posed regarding certain issues that arise during divorce. The man asking the question had concerns about his impending divorce from his wife; namely, he wanted to know if alimony still existed in Alabama or elsewhere. Apparently, the man was divorcing after more than a decade of marriage and his soon-to-be former wife expressed her intent to request alimony payments from him. The published response to the man’s question informed him that alimony does, indeed, still exist. The man was also advised to hire a competent divorce lawyer. According to the information provided in the article, when a marriage has lasted beyond 10 years, issues such as retirement benefits sometimes become subject to asset distribution in divorce. Additionally, alimony is sometimes mandated by the court as a means of balancing the incomes of both spouses. One assertion mentioned suggested that when a high … Continue reading Alabama reader asks alimony question
What Alabama couples should know about a prenuptial agreement
A recent article discussed issues concerning contracts drawn up between engaged couples as opposed to those entered into after a marriage takes place. Alabama couples might wonder if a prenuptial agreement is better or worse than a post-nuptial contract. The article offered information on both of these legally binding documents. Some people say that the time before marriage should be spent talking about love, family and celebration rather than discussing a premarital contract between future spouses. Others believe that waiting until after the wedding to decide the legalities of property division, pre-marital assets and other pertinent items of interest can be a recipe for disaster should a divorce subsequently occur. The simple truth is that many marriages end in divorce. Those who advocate for prenuptial contracts say that having it all spelled out before the wedding helps to avoid complication and stress if the marriage does end in divorce. Couples who … Continue reading What Alabama couples should know about a prenuptial agreement
Do wealthy people face unique issues in a divorce?
A recent article suggested that not only do ultra-wealthy people have more money than the average person, they also face some unique issues pertaining to matters of family law. According to the report, a divorce can lead to the utter derailment of a wealthy couple’s family legacy plan. Apparently, even when both spouses wish to hold the best interest of their whole family at heart, complications and battles sometimes arise during divorce proceedings. Alabama residents may wish to take note of the information provided in the article if they, or someone they know, is currently considering filing for divorce. A panel comprised of professionals from various backgrounds and perspectives, including a psychologist and a family law specialist, recently agreed to be interviewed to discuss some of the issues that seem to be unique to super-wealthy spouses entering into divorce. One of the discussion participants said that it is crucial to set up … Continue reading Do wealthy people face unique issues in a divorce?
Tax issues sometimes affect division of assets in divorce
Alabama residents who are in the process of ending a marital union will want to take note of a recent article that discusses the various issues that may arise pertaining to different types of taxes. As couples negotiate the division of property and assets during the divorce process, they may have need of formulating agreements when it comes to issues involving federal tax refunds or liabilities with regard to jointly owned assets during the marriage. According to the article, seeking professional financial advice is advisable for those who wish to keep things as uncomplicated and amicable as possible. Various tax issues can surface during divorce proceedings. The article noted that family law courts do not typically render final orders with regard to things such as income tax because the IRS is typically not bound by state court rulings. Couples are advised to come to an agreement about whether to file jointly … Continue reading Tax issues sometimes affect division of assets in divorce
Former spouse appeals to court to modify child support
A recent court ruling outside the state of Alabama denied a man’s request to lower his child support obligation, as well as mandated that he pay his former wife’s attorney fees. According to reports, it is not the first time the defendant has requested that the court modify child support in his case. He has set forth an appeal in the recent court decisions. An appellate panel has concluded that a court order, mandating the former husband to pay $1,500 in legal fees — for the woman to whom he was previously married — and denying his request to lower child support payments, has been erroneously issued. According to reports, the court denied the man’s formal requests due to the fact that they were repetitive. The court further stated that it had already denied similar requests from the defendant in the recent past. Apparently, the children involved in the dispute … Continue reading Former spouse appeals to court to modify child support
Attorney files contempt charge in Dunkel divorce case
Alabama readers may be aware of the divorce proceedings involving David Dunkel, the CEO of Kforce. After the divorce judgment was entered in another state, Dunkel’s former wife filed a contempt of court motion against him, alleging that he intentionally defied court orders relating to the case. Reportedly, the issue involves a court-mandated transfer of stock holdings concerning Kforce, a company with an estimated worth of $1.2 billion. The transfers would make her one of the top shareholders in the company, though both parties have apparently raised issues in the aftermath of the divorce rulings that will be addressed in an upcoming hearing. Apparently, the former husband transferred $8.2 million in stock to his former wife following a recent court order. She claims, however, that some $7 million worth of stock is still due her, prompting the contempt of court motion for willfully violating the court’s mandate. It is also claimed that … Continue reading Attorney files contempt charge in Dunkel divorce case
Alabama legislation leads to new divorce strategies
In a recent article, a financial adviser agreed with one of his clients who said that the best way to accrue savings for retirement is to remain married to one spouse and stay in one house. Regardless, statistics prove that some marriages end in divorce. Most couples who divorce have a desire to do so amicably, hopefully reaching a peaceable compromise when it comes to issues such as division of property or child custody and visitation. Recent Alabama legislation led to a new type of collaborative agreement aimed at reducing courtroom disputes and increasing peaceful resolutions to issues faced during proceedings. The Uniform Collaborative Law Act (UCLA) was passed in Alabama in Jan. 2014. Several prioritized components are included in the process, meant to help couples as they negotiate issues that are often emotionally charged or complicated. Part of the agreement contracted by participating couples and their legal representatives is … Continue reading Alabama legislation leads to new divorce strategies
Top tax tips for divorcing couples during tax season
Tax season is here. Do you know the top tax tips for divorcing couples? You may not be thinking about taxes if you are getting divorced, which can lead to potential problems in the future if you do not file your taxes correctly. Your tax filing can have a significant impact on your finances. It is important to be aware of the tax implications during your divorce so you know what factors to consider before filing your tax return. Taxes can be complicated, especially for couples getting divorced. Spouses often have many questions when it comes to their taxes when they are in the process of getting divorced or after their divorce has been finalized. There are several tax tips that a divorce attorney can help explain. However, here are the top three tax tips for individuals getting divorced or those who have recently gotten divorced: Decide on a tax … Continue reading Top tax tips for divorcing couples during tax season
Alabama farmers might want to consider prenuptial agreement
Preparing for marriage is an exciting time in a couple’s journey through life. At times, however, issues involving personal assets, future inheritances or land ownership come into play, potentially changing adventure to stress if a couple is not careful. Farmers and ranchers preparing for marriage in Alabama might want to consider a recent trend that many landowners are following across the nation. Signing a prenuptial agreement, some say, provides a means of security and prevents potential worries for a soon-to-be married couple. A recent article stressed the potential value of a prenup in the event that a future marriage becomes dissolved through separation, incapacitation or death. Laws differ by state; therefore, it is wise for a couple to consult a legal professional with experience in the execution of similar contracts in the state in which they reside. When a farm is involved, various issues affect whether it will be seen as … Continue reading Alabama farmers might want to consider prenuptial agreement
