What is a Guardian Ad Litem?

What is a Guardian Ad Litem?

When it comes to divorce, child custody and visitation disputes are no picnic. These events can be a very emotional and intense process. Frequently in divorce, child custody, or visitation disputes a Guardian Ad Litem, also known as a GAL, will be appointed.

In Alabama, a GAL is an attorney appointed by the court to represent the “best interests” of the child or children involved. A GAL’s duty is not necessarily to advocate for what the child wants which can sometimes be opposed to what is in the child’s best interests. The Guardian Ad Litem will often be asked to present a report and recommendation to the Court for consideration at the conclusion of the case, and, while the Court will take into consideration the recommendation of the GAL, the Court is not bound by what the GAL recommends.

A Guardian Ad Litem is not only appointed in divorce and custody cases but might also be appointed in cases such as;
• Minors involved without living parents
• Juvenile Delinquency Cases
• Child Abuse and Neglect cases
• Guardianships, Conservatorships and Decedents’ Estates in Probate Court.
• Civil Suits of all kinds where minors are involved.

How to file for divorce

How to file for divorce

How to file for divorce

Wondering how to file for divorce? The divorce process can be confusing and complex if you haven’t divorced before. It is important you hire an experienced divorce attorney to represent you and help you navigate the process.

At Herlihy Family Law, we have over 12 years of experience and helped thousands successfully file for divorce. Watch the video below to learn more about where you can begin.

Divorce Where Do I Begin?

Is it Time to Consider a Child Support Modification?

Is it Time to Consider a Child Support Modification?

Is it Time for You to Consider a Child Support Modification in your case? If you have had a divorce in Mobile, Alabama, whether you are the person who receives child support or whether you are the party who pays child support for the benefit of your minor children, there are several factors that influence the amount of child support paid:

Date of Prior Order

The Alabama Rules of Judicial Administration, Rule 32, is the Rule of Court which governs the method used to calculate child support in Alabama. A new set of Child Support Guidelines under Rule 32 became effective on January 1, 2009. If your order of child support pre-dates January 1, 2009, you may need to consider taking another look at your child support order.

Incomes of Parties

If there has been a significant change in the income of either the party paying or the party receiving child support, it might be time to re-evaluate child support, as same is based on the income of both parties in the state of Alabama. Some examples of such changes are if one party was unemployed at the time of the last order and is now employed; a party has become disabled and unable to work; a party has been promoted and received a significant salary increase; a party formerly received bonuses or overtime and no longer receives same, etc.

Day Care

Work-related day care for children under the age of 12 is included in the child support calculation in Alabama. Day care can be very costly, so if children are no longer in day care or if day care is not work-related, this can effect the amount of child support in a very significant way.

The above items are just some of the various fact situations that could result in a child support modification. If you believe it may be time to consider a child support modification in your case, contact your attorney to schedule a consultation.

*The above post is for educational purposes only and is not meant to provide legal advice. If you are in need of legal advice, contact an attorney.*

Getting Your Home Ready to Sell

Getting Your Home Ready to Sell

Divorce and the sale of your home often go hand in hand. Below are some tips from Carolyn Hasser, a local Realtor with Roberts Brothers.

Getting your home ready to sell

If you’re thinking of selling, here are a few tips to help you get top dollar for your home!

1. Spruce up your yard – plant a few flowers, hang a couple of ferns on the front porch, trim your shrubs back so that your windows can be seen, pull vines away from the house or eliminate them completely, edge, replace missing grass, and pick up toys. Curb appeal beckons your buyer to come inside, and if the outside doesn’t look neat and well kept, no one will want to go inside!

2. Declutter – Take personal pictures and put them away – buyers want to imagine their pictures and belongings in the house, and too many personal items like collectibles and pictures are distracting. Even too much furniture can keep the home from looking spacious. In the kitchen, remove as much as you can off the countertops. Either pack it away or put it into a cabinet. And don’t forget the garage! You’ll be moving anyway, so pack up as much as you can and store it. It may help to hire a professional stager to give his/her opinion and help you rearrange. Your realtor should be able to help you as well, or ask a friend whose taste you appreciate to be honest with you.

3. Clean out your closets – Space is a big seller, and if there are out of season clothes you don’t need at the moment, pack them away under beds or take them somewhere to be stored.

4. Keep rooms clean and neat – Sometimes a buyer will want to see your house at a moment’s notice – and you don’t want to pass that up, so keep everything in its place. If you have children (or a messy spouse!) just grab everything and put it in a container if you need to show quickly. Clean windows and bathrooms and make your kitchen sparkle.

5. Take Fido with you – or at least kennel him. You wouldn’t believe how many people are terrified of dogs. And if he does his business in the yard scoop it up!

6. List with a realtor – I know, it sounds self serving, but the fact of the matter is that realtors are the oldest profession in our country (well – maybe the SECOND oldest), and with good reason: a realtor can almost always sell your home faster, and for more money, than you can. According to the National Association of Realtors (NAR), over 78% of those who list a home for sale themselves either (a) give up, or (b) list with a realtor. Realtors have already prequalified buyers, so you don’t waste your time showing your home to someone who can’t afford it. And, realtors are trained to negotiate and can keep the “emotions” out of it.

You may reach Carolyn Hasser at 661-4660 or CarolynHasser@RobertsBrothers.com.

10 ways you can best prepare for your divorce

10 ways you can best prepare for your divorce

10 ways you can best prepare for your divorce

We all know that divorces can become very ugly, very fast. It is not in your best interest to have your head in the clouds when your spouse is thinking strategically.

Top Ten Ways to Prepare for Divorce:

  1. Hire an Attorney Immediately!
  2. Gather Copies of Records and Crucial Documents
  3. Have Access to Your Own Money
  4. Be Aware of Outstanding Bills and Debts
  5. Keep a Daily Journal/Calendar of Significant Events
  6. Change Passwords to All Online Accounts (email, banking, Facebook, etc.)
  7. Do NOT Say, Text, Email, or Post on Facebook Anything that You Do Not Want Your Divorce Judge or the Police to Hear
  8. Prepare to Be Treated Like the Enemy by Your Spouse
  9. Keep Track of All Mail Coming to Your House
  10. Do NOT Involve Your Children in Adult Problems

**The above list is for educational purposes only and is not meant to provide legal advice. Every case is different, and it is essential to seek legal advice immediately.**