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Category: DHR

Updating your financial adviser during a divorce.

I read an interesting article pasted in this blog below.

http://www.dailyfinance.com/2015/11/16/divorcing-why-you-should-hire-a-new-financial-adviser/

When investing and saving for the future you should consider how that future will be changed in the event of a divorce.  Your investment goals may be much different following divorce than during your marriage.  Some spouses who have not worked outside the home will be given portions of the working spouse's retirement to "kick start" their own retirement.  However, this may not be enough.  The nonworking spouse may need to change their goals and focus on aggressive options for retirement.  They may need to hire a financial adviser that is different from their spouses adviser.  They may need to forecast what their future would look like in very different scenarios absent their working spouse's income.  When dividing assets during a divorce, it is likely in a long term marriage that the nonworking spouse will get a portion of the working spouse's retirement.  However even with this award, the nonworking spouse will need more income producing investments to safely secure their own retirement.  The nonworking spouse will not have the benefit of the working spouse's income in their future.  The home that was shared with the working spouse may not be an asset that the nonworking spouse can count on as a "paid for" asset in their retirement years.  Typically in a divorce the marital home is sold and the net proceeds are divided among the parties.  This eliminates the possibility for the nonworking spouse to contemplate a future without a house payment or rent payment in most cases.  The nonworking spouse may come into need for a new car as they will need reliable transportation post divorce.  Since in most cases a nonworking spouse will need to enter the workforce to make income for their financial needs.  The whole picture of their future may look very different once the divorce is finalized.  Assets that were going to be used in the retirement years while married may not exist post divorce.  Getting good sound financial advice is key. 

As lawyers we can get you the maximum benefit from your marriage during your divorce but that only starts the future.  Once those assets are divided, each spouse will need to consult with a financial adviser to best know how to make their portion benefit their new post divorce life.

Contact us today for your divorce needs (205) 623-1001.  We are here to guide you through the process.  We are here to answer your questions. Other information can be found at http://bit.ly/1TOm2yM
or http://bit.ly/1WA7LKq

or http://goo.gl/8UkJm7

 

 

Ashley Madison, Social Media and Your Marriage.

For a candid look at what our attorneys have to say about the recent events click below: 
 

We recently we asked questions about social media in light of the recent Ashley Madison releases.  As addressed in our candid interview, we talked about the number two reasons, people seek divorce.  First and foremost is financial reasons but the second is infidelity.  Social media has made connecting with your friends, relatives and acquaintances easier.  However a very real "side effect" is that social media has also made it easier to connect with individuals on a romatic level which may lead to an affair.  Social media comes in all forms.  Some sites are very straight forward for the reasons that you are a member and some are not as easily defined.  With the recent release of Ashley Madison email lists, spouses are learning of affairs and ongoing infidelity.  Call our firm if you are on either side of this issue:  We can help you (205) 623-1001. More information can be found on our site www.birminghamdivorcefirm.com.

 

Other information can be found here: http://goo.gl/8UkJm7

 

CHILD CUSTODY AND GRANDPARENTS

Although grandparents do not have rights to enforce visitation with their grandchildren.  There are a few limited ways that a grandparent may help save a grandchild who is being abused, neglected or forced to live in unsafe conditions.  In Birmingham, Alabama there is a family court that will assist a willing grandparent make sure their grandchild is not being subjected to abuse, neglect or unsafe conditions.  A grandparent may file a juvenile dependency action and gain custody of their grandchild if these conditions exist.  Dependency actions are simply a case that is filed that says that the parents are unable or unwilling to provide the care sufficient to make sure their child is not abused or neglected in some way.  This week my firm was able to gain custody of grandchildren for two sets of grandparents.  These cases are those that are difficult with emotion but are satisfying when a child is saved from an unsafe condition by a loving grandparent.  The family court of Jefferson County will jump into action if a grandparent presents a case of emergency relief where they can show their grandchild is in an unsafe environment.  Most important to understand is that a family law attorney who regularly deals with these court can make the case move at a quicker pace.  Literally this week grandparents came in with stories of their grandchild in an unsafe drug infested environment and within an hour we had them a pick up order to get their grandchild into their care.  Family Court can be confusing and it may be difficult to understand the procedures that is why it is vital that whoever a client hires for this work is well versed in the procedures of family court.  Having a good relationship with the court is often times only achieved by those attorneys who regularly work in this area.  Dependency petitions often take a while to get pushed through the courthouse but with the help of one of our attorneys, a client may breeze through at a much faster pace.  Also, the filing of a private petition meaning a filing a grandparent does with an attorney can be a much faster process than dealing with DHR.  If you are experiencing issues with the care of your grandchildren and act quickly before DHR becomes involved, you could file your own petition and get custody of your grandchild quickly.  This eases the child into a transition quickly instead of dealing with DHR several court hearings.  This is the most common way that grandparents can establish rights to have custody of their grandchildren.  There are other ways such as a family adoption which can be costly but also very effective.  If you need help getting your grandchild into a safe environment, do not hesitate to contact one of our experienced attorneys at (205) 623-1001 and look at our other information on our website www.birminghamdivorcefirm.com.

More information can be found at http://bit.ly/1TOm2yM

 

 

DIVORCE AND SAME-SEX MARRIAGE

Case update Obergefell v. Hodges, US (June 26, 2015), was decided in the United States Supreme Court.  It presented the question whether the 14th Amendment required a state to issue a license for marriage between two people of the same sex.  The answer is YES.  The old doctrine of "coverture"  is the doctrine that said that once a couple became married they were to be recognized as one legal, male-dominated entity.  This case has been instrumental to changing the definitions of what marriage should be.  Marriage has gone from one based on political, religious, and a means of financial conerns which was a marriage arranged by parents to a voluntary contract between a man and a woman.  Then women began to change society's view of what marriage should be and what a woman's role in marriage should be.  This paved the way for same-sex couples to receive recognition of their constitutional rights to receive legal marriages in the United States.  Now the case Obergefell has come onto the scene and the timing was ripe for its decision.  In 2003, the first state to recognize same-sex marriage was Massachusetts when it's Supreme Court decided that their state constitution guaranteed that right.  In 2013, the US Supreme Court in U.S. v. Windsor invalidated the Defense of Marriage Act to the extent that the Federal Government could treat same-sex marriage as invalid when they were lawful in the state that issued the license.  This led to the idea that same-sex couples held Constitutional Rights that protected them to wed.  Marriage is a personal choice central to a person's identity and beliefs.  The Court cited there were four fundamental reasons same-sex couples should be able to enforce their Constitutional Rights to marry.

1. Marriage is a personal right.  The Court cites through marriage individuals can find other freedoms such as expression, intimacy and spirituality.

2.  Marriage supports a two-person union which is important to individuals who are committed to each other.

3. Marriage safeguards children and families.

4. Marriage is the keystone of our social order.

More information can be found on the web http://bit.ly/1TOm2yM
http://bit.ly/1WA7LKq
 

 

Marriage and Divorce. Listening to your signs.

Knowing when it is time to seek help is a very personal choice.  Many people stay in relationships that are not working only to find out that after divorce they should have taken steps to remedy their issues sooner.  Finding the right attorney is difficult and every person who has advice for you may not answer your questions.  While a person may only experience divorce once or twice in their lifetime, our attorneys deal with divorce issues in and out of court every day.  We thrive in the court room.  We understand the stresses placed on our clients at the sight of their marriage being dissolved.  We work at every effort to make sure that each legal question is answered sufficiently before we attempt to put our client through the stress of going to court.  Then at court we sit side-by-side our client and walk them through the hearing or trial.  Explaining the path to be taken before attempting to travel can ease a person's mind greatly.  If you are in a marriage that is not working, it is time to seek legal advice.  Some marriages are forced into existence and every attempt at mending the broken areas of the relationship fails.  We understand that dynamtic.  

Call us today (205) 623-1001 or visit our site at www.birminghamdivorcefirm.com for more information.  We can help.  Click the link below for more great infromation.

http://www.huffingtonpost.com/2014/09/02/marriage-problems-_n_5725672.html?utm_hp_ref=divorce&ir=Divorce

More information can be found at http://bit.ly/1TOm2yM
http://bit.ly/1WA7LKq
 


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