What is a No-Fault Divorce?
Simply speaking a no-fault divorce is one in which the parties are not required to give the court specific reasons for getting divorced. A couple can get divorced if they simply cannot get along anymore, rather than having to prove that one spouse did something wrong. The no-fault divorce does not have to be an […]
What is Sole Custody? Understanding the Basics.
1. Understanding Sole Custody There are two types of custody: legal custody and physical custody. Legal custody refers to the parents’ rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. Physical custody who the child physically lives with. 2. […]
Explaining Status Quo and Pretrial Order Regarding Finances, Assets, and Custody/visitation
When getting divorced, the term “Status Quo” is often mentioned and yet many do not understand what it means for them, their obligation, and the Court’s expectation. A divorce is the process by which the Court divides a married couple’s assets, and debts, and awards custody and visitation, when parties have minor children. Therefore, the […]
How Does Alimony Work? An Essential Guide for Understanding Alimony Laws
Alimony comes down to two basic pieces of information – need and ability to pay. After the need and ability to pay have been established, the court will consider other important factors such as the length of the marriage and fault. Just because the parties have been married a long time or one spouse makes […]
4 Reasons Why Prenups Aren’t as Bad as You Think
Prenuptial agreements (“prenups”) have a pretty bad reputation. The common misconception is that they create an unbalanced power dynamic between couples, protecting the wealthier spouse by making it easier for them to get divorced and making it more difficult for the less-wealthy spouse to do so. People also often view them as an immediate sign […]
What to Do Immediately After Divorce: 7 Essential Steps to Take
Going through a divorce often leaves people with a lot of questions and uncertainty. One of the first things you might be wondering is what to do immediately after divorce. Divorce is one of the hardest things you can experience in life. Research has shown that it ranks second only to the death of a […]
3 Common visitation schedules in divorce in Mobile, AL
While divorces are far from one size fits all, there are a few common visitation schedules in divorce in Mobile, AL. In uncontested divorces and divorces settled by agreements, visitation schedules can vary according to the terms the parties agree upon. Also in the event the visiting party is found to be on drugs or […]
How to get divorced with kids involved in Mobile, AL in 2024
When people are considering divorce and they have a family, one of the most common questions we hear is how to get divorced with kids involved. Unfortunately getting divorced is often a difficult experience for all family members, which often includes the children of the marriage. However, there are ways to lessen the involvement and […]
How can alcohol use affect a divorce?
It is Mardi Gras season here in Mobile, Alabama and, while we all enjoy a little revelry, there is no denying the fact that alcohol use often turns into alcohol misuse and even alcohol abuse. You may be wondering how can alcohol use can affect a divorce? Did you know that heavy alcohol use […]
Common Divorce Issues in Long-Term Marriages
Navigating the intensity of a divorce in a long-term marriage can be challenging, especially when you’ve been married to your spouse for decades. Untangling your life from your spouse’s can be strenuous and emotionally draining because your assets and debts have become deeply intertwined and your familial bonds have solidified. At Herlihy Family Law, our […]