Archive for 'Divorce'
Divorce Mediation is Often a Smart Way to Resolve Your Case
Posted on 04. May, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I recently read an article on divorce mediation. The article discusses the advantages of resolving your divorce case by mediation instead of what they called “traditional litigation” (what I call “adversarialy litigation”). It is worth a quick read.
Under Alabama divorce laws, mediation is often ordered by a Judge. In most of the mediation cases I am involved in, both parties are represented by their own divorce lawyer, and a third lawyer serves as the neutral mediator. So, there are some added costs there. That being said, it is often worth it.
In a mediated settlement, you and your spouse are able to work out the agreement with the assistance of the mediator and lawyers. So, you maintain some control and have some input in the ultimate decision. Of course, this is not the case when a Judge makes the decision in a litigated case. And, you really have nothing to lose, because if you cannot reach a fair settlement, then you can walk away and still “have your day in court.” The only thing you would be out would be the costs of the mediation.
I like mediation. We have had many cases settle with mediation, some of which I didn’t think would going into it (it helps to have a very good, experienced mediator). But, it is not the first thing I recommend to clients. My first recommendation is for them to try to work out their case through a negotiated settlement. Sometimes we call this the “kitchen table method.” I explain to the client what the issues are that will have to be resolved and they work through those issues with their spouse. It works more often than you might think. Where they cannot work trough the issues on their divorce case themselves, they can each have a lawyer help them negotiate a resolution.
I am currently in the process of formalizing a system that would help couples work through these issues. We call it a No Nonsense Divorce, and I really think it will be a smart, effective way for couples to resolve their divorce case without months of costly litigation.
But, if that is not an option, then mediation is something you might consider. Adversarial litigation should always be the last resort, in my view. Usually the only ones who end up winning in an adversarial divorce are the divorce attorneys.
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How to Move on After Divorce
Posted on 01. May, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Tips to Rebuild Your Life and Your Goals after Divorce contains some good advice. The information there is not really specific to Alabama divorce law. In fact, the article doesn’t really deal with divorce laws at all. Rather, the focus of the article is on how to move on with your life after divorce. And, on that note it is helpful.
Here is a summary of the tips there:
- Work through your grief
- Recognize your survival mechanisms
- Assess your talents
- Start living consciously
- Write your own story
- Develop a project for the future
- Plan for obstacles
- Deal with the fears
- Take incredible care of yourself along the way
Check out the link above to read the details for each step. If you are recently divorced or going through a divorce now, it is worth a read. The last tip is really what the entire article is about: taking care of yourself. When I am helping a client go through an Alabama divorce, I try to urge them to take care of themselves mentally, phyiscally, emotionally and spiritually. Often divorce attorneys are so focused on protecting our clients in their legal case, that it is easy to overlook these equally important issues of their health. So, not only is this a good article for someone going through divorce, it was a good reminder to me, as a divorce lawyer, to not lose site of this important aspect of my client’s life.
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Should You Keep the House in Your Divorce?
Posted on 29. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
This is a question that comes up quite a bit in my work with couples going through a divorce in Alabama. It can often be a very emotional decision. Well, I recently came across a blog by Kansas divorce lawyer Shea Stevens. Shea is posting some great material. One of her recent articles was on this very issue – Should I Keep the House?
Take a look at the article, because although she addresses it to couples going through a divorce in Kansas, the same questions would apply in an Alabama divorce. The main point, like much of the divorce process in general is to make the decision with your head and not just your heart. Making an emotional decision to keep the house when you will not be able to afford it in the long run could lead to devastating finanical effects.
So, as Shea notes, before making any agreements with respect to your martial home, here are some things to think about:
- Can you afford to make the current monthly payment?
- Do you have the ability to refinance the home solely in your name?
- How much maintenance do you expect your home will need now, in the next year, 5 years? Can you afford this maintenance?
- What is your home really worth? How much equity do you have in the home? If you sold the home, would you come up short and have to pay off the mortgage, or would you make money? What is the home’s value in today’s market?
- If you are keeping the home, were you given enough assets on your side on the balance sheet to level out the division of property?
- Will your children have to switch schools if you move?
- Do friends and family live close by?
- Can you rent a home of the size suitable for your family for less or will you be paying approximately the same amount in rent as your mortgage payment?
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Financial Planning for Divorcing Spouses
Posted on 28. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
The Daily Breeze recently published an article on the finanical planning that divorcing spouses should consider. The article suggests that in addition to having good divorce attorneys involved, that divorcing spouses should also consider involving a “divorce savvy” finanical planner. One of the soundest pieces of advice that the artilce suggests is also something I always tell my divorce clients: get a copy of there credit report. You can usually get a free copy once a year from a service like www.freecreditreport.com.
The author also recommends removing your ex’s name from all joint bank accounts and considering whether you should refinance any joint debt that cannot easily be divided between the two of you.
Here is a link to the full article.
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A better divorce?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I’ve been reading a lot about the process called collaborative divorce.
Collaborative divorce is an alternative way for divorcing spouses to resolve their disputes without going to court. Although it is a relatively new approach, having only originated in the early 1990’s, it is quickly spreading throughout the country. The latest estimates are that there are approximately 200 different groups of lawyers that have joined together in associations to promotre and practice collaborative divorce. It seems like this might be an idea whose time has come.
For those of you that have had personal experiences in the collaborative divorce model, I welcome your feedback by direct e-mail or in the comments section. I am currently involved in a project to begin a collaborative divorce practice group in Alabama. As information on that effort develops, I will post about it here.
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9 Questions to Ask the Divorce Lawyer (Before You Write the Check)
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Selecting the lawyer that will represent you is one of the most important decisions that you will make in your divorce case. You should try to find a lawyer who is skilled, competent, and who regularly handles family law and divorce cases. Seek someone who is responsive and willing to communicate with you throughout the divorce process. Ask for recommendations from your friends and family members, but in the end, trust your own judgment.
Schedule a consultation appointment with the lawyer. This will give you an opportunity to evaluate how you are treated by the staff and will give you some time to interact with and interview the lawyer. After spending thirty minutes to one hour with the lawyer, you should have a good feel for whether he or she is the right lawyer for you. One factor that is often overlooked is whether a lawyer’s personality compliments yours. You divorce lawyer is someone with whom you will be sharing many intimate details of your life as well confidential financial information. He or she must be someone with whom you are comfortable and whom you trust.
I’ve included the questions to ask the lawyer in my upcoming book on Alabama Divorce. I will post an update here on the blog when the book is printed.
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9 Ways to Reduce the Pain and Expense of Divorce
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
One of my goals in helping families that are in the process of going through a divorce is to help them reduce the pain and the expense that is often associated with the process. I have written an article that outlines nine ways you can reduce the pain and expenses of your divorce case. I hope you find it helpful. And, if you know someone going through a divorce, feel free to pass it along.
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Divorce and Taxes
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
The law firm of Ullman and Allen recently posted their Top Ten List of tax issues in divorce. The failure to consider the tax ramifications of a divorce settlement is one of the biggest mistakes made by parties and even their lawyers. #10 on their list is “Get professional advice.” I echo that and suggest that often that means getting your divorce lawyer together with your CPA to analyze potential tax consequences of a proposed divorce settlement. Thanks to Grant over at the Kansas Family and Divorce Law Blog for pointing me to the list.
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Your Credit History
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I suggest that all of my clients in divorce cases check their credit reports. Many of them are surprised at how easy it is for an estranged spouse to obtain credit in their name without their knowledge. As of June 1, 2005, Alabama residents can get a free copy of their credit report at www.annualcreditreport.com. With the rise of identity theft, even if you are not going through a divorce it is always a good idea to keep tabs on your report.
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Division of Retirement Assets in Divorce
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
A prospective client recently asked me whether or not she could receive a portion of her spouse’s retirement account in her upcoming divorce. I explained to her that in Alabama, if the parties have been married for 10 years preceding the filing of the divorce complaint, the court has the discretion to award them up to half of the value of the spouse’s retirement accounts that accumulated during the marriage.