by mighty | Jul 31, 2016 | Alabama, Division of Assets, Divorce, Family, Family Law, Finances, Mobile, Mortgage, Significant Decisions, Uncategorized
As we all know, one of the biggest issues in a divorce is the family home. It all starts to get messy when the decisions of what will happen to it and who is going to live in it become a concern for the parties. Typically, parties go from having two incomes to contribute to the mortgage and other household expenses during the marriage to having only one income to contribute to those expenses after the divorce.
Below are important questions people need to ask themselves when they aren’t sure if they should keep their home when going through a divorce.
1.Is your marital home a great fit for your new lifestyle?
2.What is your house worth today?
3.What would be the cost to keep the house up?
4.Are you willing to sacrifice financially in other areas to keep the house?
5.Is there any equity in the house or are we “upside down?”
6.If there is equity, can I afford to buy my spouse out?
7.Do I have the income and credit to refinance if the Court so orders?
8.Would it benefit me/us more financially to sell the house?
Having to choose whether or not to keep your residence could possibly be one of the most difficult decisions you will have to make during divorce, as there are likely many good and bad memories associated with your marital home. Its always wise to give yourself time to think it all through very carefully. Everyone needs to be able to manage their assets and develop a plan for financial stability and security in the future.
by mighty | Jul 23, 2016 | Alabama, Divorce, Family Law, Mobile
Best Divorce Lawyer
Lagniappe, our alternative weekly paper in Mobile, has named Alison Baxter Herlihy as its 2016 winner of Best Divorce Lawyer, aka Best Lawyer if Your Spouse is a “Ho.” The readers of Lagniappe vote in the annual poll, and this year over 1.4 million votes were cast in this year’s Nappie Awards. It is a tremendous honor to have such support from all of the family, friends, clients, and colleagues who cast their votes for the best divorce attorney in Mobile.
View the complete list of Nappie winners:
Complete List – 2016 Nappie Award Winners
Thanks to everyone again for your support!
by mighty | Jul 14, 2016 | Divorce, Family, Legal Advice, Mobile, Significant Decisions
A Prenuptial Agreement is a contract executed between parties prior to their marriage concerning the division of assets, debts and possibly spousal support in the event of divorce. Almost anything can be included in a prenuptial agreement, except matters of child support, child custody and visitation.
Many people think of prenuptial agreements as the province of celebrity marriages, and that they are designed to award million dollar settlements in short term marriages. This is not the case. As more and more Americans are marrying later and later in life, many of us have our own assets when we get married, such as owning your own home and retirement or other investments, and you want to make sure your assets are protected. Prenuptial agreements have negative connotation for many people, but it is actually smart financial planning, just like having a will or a retirement savings strategy.
The simplest form of prenuptial agreement can simply state that each spouse retains ownership in anything they owned prior to the marriage and any items acquired subsequent to the marriage in that spouse’s individual name. In that scenario, the couple would have to intentionally title any assets in joint names for them to be considered “marital” property. In a country where many marriages end in divorce, a prenuptial agreement can help take financial incentives out of the decision-making process if your marriage hits a rocky patch because the financial decisions have already been made.
For a prenuptial agreement to be valid in the state of Alabama, both parties must have independent legal counsel to advise them of their rights and interests. If you are planning your marriage and are considering a prenuptial agreement, please contact us for a consultation.
by mighty | Jul 5, 2016 | Alabama, Divorce, Family Law, Legal Advice, Mobile, Significant Decisions, Uncategorized
As a divorce lawyer, you are always hearing new scenarios that have led to the breakdown of a marriage, but, more often than not, you hear variations on the same theme. When a spouse is cheating, there are some common warning signs that indicate infidelity.
1. Altering their schedule
If your spouse is suddenly working late every day or on weekends, when they have never had to in the past, that is typically a sign that something is amiss. Other common excuses to deviate from their former routine often include a sudden interest in going to the gym, attending church, or participating in other activities without you when these things did not interest them before. Often, these are excuses to be away from the home and you and with someone else.
2. Changes in sexual habits
If your spouse is refusing to be intimate with you without explanation, chances are they are having their needs met somewhere else.
3. Sudden focus on their own physical appearance
Drastic changes in hairstyle, buying sexy clothing or lingerie, obsessing over working out or losing weight can all be signals of infidelity.
4. Excessive Internet Use
From Facebook, to EHarmony, to Christian Mingle, the Internet is one of the top places to meet someone new or reconnect with an old flame. If your spouse is suddenly fixated on the Internet and secretive about their use, they are probably cheating.
5. Multiple Cellphones
If you have a family plan, then why does your spouse also have a prepaid cellphone? If your spouse has purchased a Go Phone in addition to their regular phone, then they are having an affair, unless they have a side business as a drug dealer.
6. Spending a lot of Time with Another Person
There are a million excuses for this one – she is an old friend from high school, her husband is deployed and she needs a lot of help around the house, she is a single mom and I feel sorry for her, his wife died and he needs help picking out a tie etc. If your spouse if performing “husbandly” or “wifely” tasks for someone else, there is probably more going on than they say. If your husband is mowing another woman’s lawn, beware.
The above is for educational purposes only. If you need legal advice, contact an attorney ASAP.
by mighty | Jul 2, 2016 | Alabama, Child Support, Children, Custody, Division of Assets, Divorce, Family, Family Law, Mobile, Significant Decisions, Visitation
Alison Baxter Herlihy is now a registered mediator. She recently completed a forty hour training on Domestic and Family Mediation and is now a Registered Domestic Relations Mediator on the State Court Mediator Roster maintained by the Alabama Center for Dispute Resolution.
The Alabama Supreme Court currently has a grant program and is working in conjunction with the Alabama Center for Dispute Resolution to pay for the services of a registered mediator in cases involving minor children where the total family income is less than $85,000.00 per year. At this time, Alison is the only registered domestic relations mediator in Mobile County, Alabama.
Alison is very much looking forward to wrapping up her first ten years of law practice and adding the service of mediation as decade number two commences. Resolution of complex changes beings here!
Please take a look at Alison’s profile with the Alabama Center for Dispute Resolution for more information. Here is a link to their site:
http://alabamaadr.org/web/roster-mediators/index.php?ID=1689&action=Profile
