How To Get Divorced Without People Finding Out

How To Get Divorced Without People Finding Out

How To Get Divorced Without People Finding Out

If you are considering divorce, you are probably wondering how to get divorced without people finding out. The short answer is: you can’t.

Divorce impacts more than just you and your spouse. It is inevitable that your friends and family will find out; more than likely your co-workers will find out; and if you have children, the people at his or her school will likely find out.

The important thing to understand, though, is that it’s okay for people to know you’re going through a divorce.

Divorce is a difficult and often lonely process. It may cause you to feel shame and embarrassment, but the reality is that more than 50% of the population gets divorced. You are not an island, and there are many, many others that have been in your situation before.

More than likely, you already know someone that’s been divorced. Trying to hide what you’re going through adds unnecessary stress to an already overwhelming process.

Finding someone that you can lean on and trust to provide you with emotional support during a time like this is one of the better things you can do. This may be a friend, a family member, a counselor, someone from your place of worship, etc.

You don’t have to go through all of this alone or without some kind of support.

While it’s nearly impossible to hide the fact that you are getting divorced, there are ways to keep things private. One of the best things you can do is to avoid posting or sharing things that are related to your situation on social media.

Also, just because your divorce is “public record” does not mean people can find it on Google or that it’s published in a local newspaper.

Individuals that are not attorneys of record in your case have to create an account with the state’s records system and pay various fees in order to get copies or view any documents related to your case – which people rarely do.

You are the one that is mainly in control of the information people can access, and the less you share on social media, the better chance you have at keeping things private.

Ultimately, the best way to minimize interference from others is to respectfully communicate your boundaries. You don’t owe anybody an explanation of what you are going through.

If you find yourself overwhelmed by the persistent questions of others, you have every right to tell them that you don’t feel comfortable talking about the process.

Even if they have good intentions and want to help you, you’re under no obligation to share anything with them. Instead of feeling compelled to talk to everyone about everything, use your time to focus on rebuilding your life, preparing for whatever your new “normal” may be, and healing yourself.

If you are wondering how to get divorced without people finding out and have more questions about the divorce process and what information is made public, schedule a consultation with one of our expert divorce attorneys.

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Author: Anna Eden

Attorney Anna Eden is a native of Mobile, Alabama. Prior to joining Herlihy Family Law, Anna worked as a law clerk for Circuit Court Judges Michael Windom and Michael Sherman. It was during her time clerking for Judge Sherman that Anna discovered her passion for helping people navigate the complex and emotional issues involved in family law.

Anna aids in the representation of individuals across a variety of family law issues, including divorce and child support, juvenile law, child custody law, probate, and wills.

6 things to look for to find the best divorce lawyer

6 things to look for to find the best divorce lawyer

6 things to look for to find the best divorce lawyer

First of all, what exactly is family law? Family Law is an umbrella term that applies to any type of dispute that affects families, such as divorce, child support, child custody, adoption, termination of parental rights, petitions for protection from abuse, alimony, pre and post-nuptial agreements, and more. It can also include wills, powers of attorney, health care directives, guardianships, and conservatorships.

1. Ask your family and friends

Experts currently put the divorce rate at around 39 percent, so the odds are that someone very close to you has been through a divorce. Ask them what divorce lawyer in Mobile they used and what their experience was like. Keep in mind that every person and every case is different, so the lawyer that may have been a good fit for them and their situation, may or may not be the best lawyer for you.

2. Research online

There is a wealth of information online about attorneys. If they have a website, you can learn about their background and what kind of work they do. You may also have the opportunity to read some of their writing or watch them speak in a video (like on this blog). If they do not have a website or you cannot find them online at all, that may not be a good sign.

In the Mobile, Alabama area, a lot of solo practitioners and older attorneys do not have websites, but it is not necessarily a reflection on their qualifications. It is easy for clients to post reviews about attorneys, so the process and the person is not quite as mysterious as they once were. This means it is also easy for a person who is disgruntled about their situation to hop online and blame their attorney, so online reviews need to be taken with a grain of salt too.

3. Check with the bar association

Information about attorney discipline, which is whether they have been sanctioned by the bar association for ethical violations, can now be found online at alabar.org.

4. Call their office

If you cannot get anyone on the phone or you leave a message and no one calls you back, that does not bode well for future communication and responsiveness. Some solo attorneys may not have any staff or have a small staff, so do not be alarmed if you have to leave a voicemail when you call. If you do not get a return call within 24 hours, it is probably a good idea to look elsewhere. Once you make contact, you can ask questions about consultation fees and the types of cases they take.

5. Meet with them

There is a wide mix of personalities in the legal world, just like everywhere else, so it might be a good idea to try and meet with a couple of attorneys. You will be working with this person a lot, and they may be an excellent attorney, but it is not going to work for you if you and the attorney do not mesh well.

6. Watch for red flags

An attorney can never “guarantee” a particular outcome in a case, so if the attorney is promising you the sun, moon, and stars, beware. If it sounds too good to be true, it probably is!

4 common mistakes to avoid during your divorce

4 common mistakes to avoid during your divorce

4 common mistakes to avoid during your divorce

1. Not Keeping Good Records

Divorce can be a very chaotic, confusing, and stressful time. It may be more difficult than usual to remember everything that is going on or what you need to do, but ironically, it is more important than ever. A divorce case may be pending for a year or more, which only increases the difficulty. 

I ask my clients to keep a log or a journal of significant events that occur while their case is pending. It can also help jog your memory of important information you need to share with your lawyer. You also need to keep records of support payments or other matters that may be disputed, such as what days which person had the children in their care.

2. Not Maintaining Clear Communication with Your Spouse

You are getting divorced, so it is safe to say communication between you and your spouse has been a problem to one degree or another.  Also, spouses may use phone conversations as a pretext to start fights or cause conflict. 

When you communicate with your spouse about important matters, it is a good idea to keep it in writing, such as text or email, or at least memorialize it in writing.  This can be a simple as a short email that says “This will confirm we agreed you are picking Susie up this Friday at 5:00 p.m.”

3. Putting too Much Information on Social Media

Social media is great for keeping up with family and friends, sharing photos etc but it can be a trap for a lot of people. Social media is NOT the place to broadcast the details of your divorce. No matter how secure your privacy setting are, someone on your friends list will pass information about your activities on to your spouse if they think it will be helpful to them. 

When you post a rant about what a jerk your spouse it or post pictures and activities of you and the person you are having an affair with, your children will see it, your children’s teachers and friend’s parents will see it, and your boss and co-workers will see it. If you need to vent, contact a trusted friend or family member or a therapist. Keep it private!

4. Forgetting that Your Spouse is Gathering Evidence Against You

When you get divorced, you and your spouse are opposing parties in a lawsuit. They can and will use every opportunity to gather evidence to use against you. They will be saving your texts and emails. They may be audio and or video recording you. It is very easy to do on your cellphone! 

No matter how angry or upset you get, you need to keep this in mind. Do not say anything to your spouse that you would not want everyone, including the judge in your case to hear.

10 critical pieces of paperwork you need to file divorce

10 critical pieces of paperwork you need to file divorce

10 critical pieces of paperwork you need to file divorce

A lot of divorce clients ask me, what documents do I need to get together? Here is a list of some of the most important documents you will need:

  1. Complete income tax returns, W2s, and other like documents for the last 3 years.
  2.  Year-to-date income information (such as pay stubs) for yourself and your spouse.
  3. Statements for banking and other financial accounts for the past 12 months.
  4. Statements for credit cards and other debts for the past 12 months.
  5.  If you have children, copies of the monthly out-of-pocket cost of health insurance and the number of people covered on the plan. If you have employer-provided health insurance, this may be on your pay stub.
  6. If you have children, copies of any work-related daycare expense.
  7. Deeds, appraisals, mortgages, or other like documents for all real estate.
  8. Your will and your spouse’s will.
  9. Life insurance policies for you and your spouse.
  10. Certificates of title or other ownership documents regarding any cars, boats, motorcycles, RVs, or any type of titled vehicle.

Upcoming Changes in Alimony and Taxation

Upcoming Changes in Alimony and Taxation

Under the new Tax Cuts and Jobs Act (TCJA), alimony will no longer be tax-deductible effective January 2019.  Currently, alimony or spousal support payments are deductible to the payer and taxable to the payee. This applies to all current divorce or support orders and any that are signed through December 31, 2018.  Effective January 1, 2019, in all new orders entered, alimony is not deductible to the payer or taxable to the payee.  The TCJA also specifically provides that the tax treatment of a prior alimony payment may be modified to take the new tax treatment into account, but only if the parties agree.  Modifications must specifically state that the TCJA tax treatment of alimony payments now applies.

With this deadline approaching, you may want to consider either proceeding with your divorce before the end of the year, or waiting until 2019, depending on how the taxation affects you. It may also be time for you to consider a modification of a prior order. Contact our office for a consultation if you think this applies to you.

Other resources on this issue:

https://www.marketwatch.com/story/new-tax-law-eliminates-alimony-deductions-but-not-for-everybody-2018-01-23

https://www.kiplinger.com/article/taxes/T055-C005-S001-under-the-new-tax-law-is-my-alimony-tax-free.html

What is Collaborative Law?

What is Collaborative Law?

What is Collaborative Law?

Collaborative Law is a method of alternative dispute resolution wherein the parties commit to resolve their dispute out of court. Because parties to a divorce often need to have a continuing relationship due to co-parenting of children, Collaborative Law is ideally suited to divorce and other family law matters.

How is Collaborative Law Different?

A key difference between Collaborative Law and other forms of alternative dispute resolution, such as mediation, is the parties sign a participation agreement that sets out the parameters, including voluntary disclosure of financial information, mutual respect, insulating children from the dispute, sharing of experts such as mental health and financial professionals, and no litigation. Each party is represented by their own lawyer.

What are the Benefits of Collaborative Law?

The benefit of Collaborative Law is that you and your spouse or partner control the process and make final decisions; whereas, in litigation, the Judge controls the process and makes decisions for you. You also control the timetable which is most definitely not the case when you are involved in litigation. Collaborative Law is also private and litigation is not.

Collaborative Law is just now starting as a process in the Mobile area but has been taking place around the country and in Birmingham, Alabama, for several years. You can check out collaborativepractice.com for more information.

If Collaborative Law sounds like it may be right for your family, please contact us for a consultation. You can reach us by phone at 251-432-7909.