Archive for 'Preparation'
Divorce Attorneys Finding GPS Useful
Posted on 27. May, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
The UPI ran this article entitled, Divorce Lawyers find GPS Useful. In it they describe how many divorce lawyers are increasingly using data from global positioning satellites to track vehicle movements and location in order to prove adultery. I have found this occurring more frequnelty in my Alabama divorce cases as well. The article correctly points out that one of the advantages of using a GPS instead of hiring a private investigator is the cost savings. You can hire a p.i. for several hours at a time over several different days and you may or may not time it correctly to gather evidence. On the other hand, the GPS data will be there all of the time and isn’t charging you by the hour.
The article also states that an advantage to the GPS is that an owner of the vehicle can conceal it on the car. My only word of caution about that is that the laws vary from state to state and are constantly changing. So, before you go put a GPS on your vehicle that your spouse doesn’t know about, you should run it by your divorce lawyer first.
Continue Reading
7 Steps to Survive Divorce
Posted on 20. May, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I came across this excellent article entitled, 7 Steps to Help You Get Through Divorce. It doesn’t appear that the author is an attorney, but his advice is right on the money. If you are facing a divorce in Alabama (or anywhere, for that matter), the article is worth a read.
I appreciate the fact that his first step is to hire a divorce lawyer. In his words, “a lawyer will be your best friend for how ever long you divorce is active.” I would only add, that the right divorce lawyer will be your friend for how ever long your divorce case is active.
Some of his other steps were included in my own series on Alabama Divorce Preparation.
Finally, I like the fact that he concludes with the important reminder for parents to never use the child as leverage in a divorce. I see that too often, with devastating consequences.
Continue Reading
Alabama Divorce Preparation
Posted on 13. May, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
A while back, I wrote a series of articles on Alabama Divorce Preparation. The article explored what someone facing divorce ought to do to best protect themselves under Alabama divorce laws. Recently, I have noticed that many people have been coming to this blog looking for information on Alabama divorce laws, but particularly on preparing for divorce.
For that reason, I thought it would be helpful to direct you to the final article I wrote on Alabama Divorce Preparation. If you visit that page, it will show you each of the 13 Steps I outlined and includes a link so you can get more information for each one. I hope it is helpful to you.
Continue Reading
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.
Continue Reading
Divorce Preparation Series Conclusion
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
As mentioned in the most recent post, we have reached the end of the series on steps to take when you are facing a divorce. Although there are other things to say on the subject, if you consider these steps and discuss them with your lawyer, it should ease the difficulty of the process.
I set out here the list of steps to consider in its entirety for easy reference:
2. Make an accounting of the family finances
2A. Determine what you own
2B. Determine what you owe
2C. Determine income (yours and your spouse’s)
3. Make photocopies of the financial records
5. Document and safeguard personal property
7. Assess the financial accounts
8. Address the credit accounts
9. Avoid additional debt or major purchases
10. Stay put
11. Keep a diary
12. Consider a private investigator
13. Be good
Continue Reading
Divorce Preparation: Step 13 – Be Good
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Divorce Preparation: Step 13 – Be Good
Well, we have finally reached the last step in this series of posts on practical steps to consider when you may be facing divorce. I will wrap up the series with two more posts to conclude and summarize the series. But, first, the final step which may seem a bit silly.
It is simply this: Be Good.
Here is the principle: you are about to be under a microscope. You are reading this blog, so I assume that you may be facing a divorce and you’d like to that unpleasant process to be as amicable as possible. Unfortunately, that is not always possible. Your spouse may not share that objective for some reason. They may be influenced by others (lawyers, friends, etc.) that convince them that what you are offering is not fair.
So, there is a chance that your case will end up going to trial no matter how diligent you and your lawyer are about trying to work the case out fairly and quickly. That being said, you should not put ammunition in the gun for your spouse to use against you.
That means no dating, no carousing, and no partying. If custody may be an issue it means making the children your number one priority (they should be that anyway, right?). Even things that are perfectly legal and harmless any other time can be twisted to look suspicious or worse in the hands of your spouse’s lawyer.
Suppose for example that you go out for dinner and drinks with members of the office to celebrate a fellow employee’s birthday. This sounds harmless enough. But, in a custody case these questions may be asked: While you chose to go out drinking with your friends, your spouse was at home taking care of the children, correct? Are you having a romantic relationship with Joe/Jane who was also at the party? How many drinks did you have that night? This is something you routinely did during the marriage, isn’t it (i.e. choosing social events over your family)? You drove home that night under the influence of alcohol didn’t you? Etc.
You get the point. This is a silly example, but why even open yourself up to this line of questioning. Don’t put the judge in the position having to decide whether you are telling the truth that this was a harmless and isolated event.
Spend time with your kids, work, stay around the house, exercise, and attend to your spiritual life. Be above reproach. Be Good. Come to think of it, Its not bad advice whether you are facing divorce or not.
Continue Reading
Divorce Preparation: Step 12 – Consider a PI
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Divorce Preparation: Step 12 – Consider a PI
We continue our series on practical steps to consider when you are facing an imminent divorce. We are now on to Step 12 – Consider hiring a private investigator.
Alabama law does consider “fault” when deciding how to divide property in a divorce. Additionally, depending on the facts, adultery can affect custody determinations.
If your spouse is committing adultery, then you are better off having proof of it then not. This is the case even where you fully intend to settle your case. In fact, often having proof of an affair is what gets the case settled at terms that are fair to you.
It is not fun to find out your spouse has cheated, and you may be like many of my clients who have said they would rather not know. But, you should think carefully before making that decision. Talk to your lawyer. Assuming you’ve chosen a good one, listen to their advice. If you are going to get proof of it, now is the time. Your lawyer should be able to talk to you about the costs involved (it is not cheap) and how to improve your chances of making the surveillance effective, should you choose to go that route.
Continue Reading
Divorce Preparation: Step 11 – Keep a diary
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Divorce Preparation: Step 11 – Keep a diary
This post continues are series on practical steps to take when a divorce is imminent. We are now on Step 11: Keep a diary/calendar.
It is important to documents all of the major events that occur until the divorce is final. Your lawyer will likely want your help in reconstructing a chronology (a list in order by date) of the major events that led to the filing of the divorce. Additionally, you should begin keeping careful records of new events and incidents as they occur. Simply note the date, what happened and any witnesses that may have observed it. In the unfortunate event that your case drags on, events will begin running together and your memory may fail you. Don’t rely on it.
Instead, keep an ongoing diary. Then provide this to your lawyer periodically so he is aware of any significant facts in your case.
I should note that you really should discuss this recommendation with your lawyer before implementing it. Some lawyers may not want you to have an ongoing record like this because it could be obtained by the other lawyer during the discovery phase of the trial (something that could have a negative effect on your case). Or, they may want you to take certain steps to attempt to protect it from begin discoverable by the opposing lawyer. These are technical legal issues beyond the scope of this blog. Suffice it to say that you need to talk this over with your lawyer first.
Continue Reading
Divorce Preparation: Step 10 – Stay Put (until further notice)
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Divorce Preparation: Step 10 – Stay Put (until further notice)
We are nearing the end of our series on practical steps to take when you are facing an imminent divorce. We have reached Step 10 – Stay Put (until further notice).
One of the most common questions I am asked by my clients is whether they can move out of the house. In most cases my answer to them is to stay put. It is not the answer most of my clients want.
I know that things are stressful. I know that they will likely get worse before they get better. Unfortunately, there are several reasons to avoid leaving. The most important ones are the following:
1. It could jeopardize your custody claim. If you end up in a custody dispute, then if you leave the house and the children remain there with your spouse you will almost guarantee that you will not receive primary custody. If the case becomes contested, it could drag out for many months (even a year or two). If your spouse has had primary physical custody that entire time and you’ve had alternate weekend visitation, then unless your spouse has made major mistakes in the interim, they will likely maintain primary custody.
2. It could affect your property interests. You’ve moved out. Your spouse pays the mortgage the entire time the case is pending. Some judges may factor that in when making the property division.
3. You will lose leverage in the negotiations. This is big. You want the divorce. Your spouse doesn’t. You decide you have to get out of the house. You move to an apartment and are paying your rent and the home mortgage. Now under the Pre-trial Status Quo Order you may be required to keep paying it as long as the case is pending. You have just given your spouse a major incentive to drag out the litigation. I see it happen all the time. Eventually you decide to settle for much worse terms because you can’t keep paying for two households. Do not make this mistake.
Moving out of the house can have dramatic effects on the case. Do not do it without discussing it with your lawyer and giving it a great deal of thought. You should know, also, that some judges will consider a motion for temporary possession of the residence pending the trial. This varies dramatically from county to county (and sometimes even from judge to judge) so you will want to discuss it with your lawyer.
It goes without saying that if domestic violence is an issue, then all of this is moot. You will need to take whatever steps you must to protect yourself. Just make sure you let your lawyer know what is going on. In the case of domestic violence, your lawyer may actually be able to have your spouse removed from the house.
Continue Reading
Divorce Preparation: Step 9 – Avoid additional debt or major purchases
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Divorce Preparation: Step 9 – Avoid additional debt or major purchases
We continue our series on practical steps to take when you are about to face divorce. We are now to step 9 which is simple, but important:
Avoid additional debt or major purchases.
This suggestion goes hand in hand with assessing how to handle the credit accounts, but deserves its own separate mention. If a divorce is going to happen, you want to be conservative with the finances. It is not time to be putting in a pool, buying a new car, or buying new furniture on credit. You want to simplify the financial situation not make it more complex.
When the divorce occurs, one of the primary things that has to happen is for the divorce court to allocate who will be responsible for what debts. Generally speaking, the less complex the debt situation, the easier task that will be.
I should note again, all of this is general information. Your own specific situation may cause you to need to vary from it. For example, there are times when you may have to get an automobile and it would be better to do it before the divorce because you won’t have sufficient credit on your own after the divorce. So, obviously you will want to get specific advice from your own lawyer – which is why Step 1 was find a wise guide (an experienced, competent divorce law specialist)!