by Oyster Shell | Sep 11, 2016 | Alabama, Child Support, Children, Custody, Divorce, Family, Family Law, Legal Advice, Significant Decisions
In the world today there are countless means of communication with others. Thanks to social media websites the world is more connected than ever. Websites such as Facebook, Twitter, Instagram, LinkedIn, Snapchat and more we are able to reconnect with your first love, childhood best friend, or college buddy. Unfortunately, with social media websites people can discover information you did not want them to.
If you are in the process of a divorce, child custody, and/or support case you should be cautious when using social media. You should think of social media activity as both public and permanent. If used properly social media can be entertaining and innocent but, if it is not used correctly it can be damaging to your case.
Here are some helpful tips to think about when using social media while going through a divorce, child custody, and/or support case.
1. DO NOT post pictures or comments revealing a wild, or out of control party lifestyle.
2. DO NOT post negatively about your Ex, your Ex’s family, your Ex’s attorney, or the Judge. Negativity will get you nowhere.
3. DO NOT post pictures of lavish vacations, fancy cars, new motorcycles, or luxury items (especially if child support is an issue).
4. DO NOT post status about your new boyfriend/girlfriend, particularly when your divorce is not finalized.
5. DO NOT post a profile on a dating website.
6. DO be selective about the information you share. Remember to think twice about what you post, even the smallest comments can be used against you in a divorce or custody/support case.
7. DO try and be positive, yet realistic. Posting negative, pessimistic, discouraging things about yourself can only hurt your case in the long run.
8. DO pay close attention to the photos your friends are posting of you or tagging you in. Your page is not the only one that could be monitored.
by Oyster Shell | Sep 11, 2016 | Alabama, Division of Assets, Divorce, Family, Family Law, Finances, Legal Advice, Mobile, Significant Decisions, Uncategorized
Divorce and the Family Business: What happens to the Family Business when you get divorced?
The business you and your spouse co-founded and run together is thriving. Your marriage? That’s another matter. Many people put off filing in situations like this because they fear that it will soon mean the end of the company. It does not have to be that way, especially if your lawyer is sensitive to the fact that the two still need to cooperate and that it will take a quite careful approach in figuring out severing some financial ties, but also having to keep the business alive.
A Census Bureau estimate from 2007 found that nearly 4 million businesses in the U.S. are operated by husband and wife. With a 50% divorce rate, divorce clearly affects a lot of small businesses. Overall, there is no question that it can be a very difficult situation involving two people. Though it may initially seem like a battle, it can work if you work together. Research says that it all depends on the individual couple, but also how the company runs and the skills of your divorce attorneys.
Some things to keep in mind:
Respect each other- this can be hard, especially if the reasons for the split were particularly painful. In some cases, if there isn’t any trust left between the two then there isn’t any respect, and it is probably be best to cut off communication.
Know when to get help- Unlike a lot of separated couples, the ones that operate a business together have to see each other a lot, even after the divorce is finalized.
Create agreement-This is a very important legal step that many couples haven’t though out when they found the business together. The agreement explains what will occur in the event someone wants to sell.
Sit down and discuss the situation with your employees- They will know what is happening, and what you don’t want to happen is for them to choose whose side to be on. Choosing sides can always slow the process down so its always in each party’s best interest to try to get along.
by Oyster Shell | Sep 11, 2016 | Family, Legal Advice
Opiate addiction is an increasing problem in the United States. For various reasons, a staggering 2.1 million Americans abuse opiates. It is no secret that people are constantly looking for solutions to their daily problems, but why turn to a substance that could lead to physical dependence and addiction?
Opiates are commonly prescribed for pain management following surgery or an injury. Some people start using simply for recreation or an occasional activity, but then it becomes a necessary part of an addict’s day. For them, seeking out the drug becomes a priority and all other responsibilities or obligations become secondary to the addiction. Many variables can contribute to the start of an opiate addition such as a genetic predisposition or environmental factors, but addiction knows no boundaries.
Warning signs include:
- On and off relationships with unknown people
- Stealing money or prescription medication from family or loved ones
- Unusual injuries or bruising
- Having multiple physicians and/or pharmacies
- Decreased investment in personal hygiene and appearance
- Showing up late or not at all with little to no explanation
- Displaying an uncharacteristic lack of respect for others
- Unaccounted for spending of income
- Liquidating assets
- Lashing out at family members or loved ones
- Frequent agitation typically occurs when the addict cannot easily obtain the drug or when they have been without for any period of time.
- Lack of compromise
- “Me against the world” or “my way or the highway” attitudes
If you notice any of the above warning signs – trust your gut. It is not unusual for loved ones to make excuses for the mentioned behaviors. We would rather place the blame somewhere else as opposed to facing the reality of addiction. It is important to be supportive, but stay firm to not enable the addict. The addict must be active in his or her own well-being and care. Fostering a codependent relationship with the addict is not beneficial to either party.
When the person stops taking the drugs, the body needs time to recover, and withdrawal symptoms result. Opiate withdrawal refers to the wide range of symptoms that occur after stopping or dramatically reducing opiate drugs after heavy and prolonged use. Typically, this occurs after the person has been using the drug for several weeks or more. Since the time it takes to become physically dependent varies with each individual some people start to have symptoms of withdrawal without realizing what is happening to them. See common symptoms below.
Early symptoms of withdrawal include:
- Agitation
- Muscle aches
- Eyes tearing up
- Anxiety
- Restlessness
- Inability to sleep
- Runny nose
- Excessive sweating
- Yawning often
Late symptoms of withdrawal include:
- Elevated blood pressure
- Rapid heartbeat
- Abdominal cramping
- Diarrhea
- Dilated pupils and blurry vision
- Goose bumps
- Nausea and vomiting
As you can see the symptoms of withdrawal are unpleasant and uncomfortable, but they are part of a necessary process to break addiction. Although very unpleasant and painful, symptoms usually begin to improve within 72 hours, and within a week the individual should start to feel regular again. Utilizing a medical professional when using or withdrawing from opiates is highly recommended.
Unfortunately, opiate abuse is more common than we think or we want to admit. It is critically important to know the facts and be aware of warning signs. Don’t forget to be supportive of the addict, stay firm and do not enable them to continue using drugs.
by Oyster Shell | 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 Oyster Shell | 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 Oyster Shell | May 6, 2016 | Alabama, Family Law, Legal Advice, Mobile, Uncategorized
The Alabama Legislature has just passed house bill 332, which abolishes common law marriage in Alabama. The law will not effect any current common law marriages but will become effective January 1, 2017. This bill is was signed by Gov. Robert Bentley on May 3.
Read more about the bill via this link.
