10 ways you can best prepare for your divorce

10 ways you can best prepare for your divorce

by | Dec 12, 2016 | Alabama, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions

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.**

Tips for Helping Children Cope with Holiday Stress

Tips for Helping Children Cope with Holiday Stress

by | Nov 2, 2016 | Child Support, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions, Visitation

For most children the holidays are happy, fun and exciting. Children are on a break from school, and the holidays serve as a time to see friends and relatives and enjoy special food and family traditions. For some children, however, the holidays can be stressful and confusing. When parents are newly divorced, the holidays often remind children of what has changed in their lives. Although things have changed, it is important to make sure that both the children and the parents have peaceful holidays.

For those parenting out of two households, seasonal festivities often send stress levels soaring. But with these useful tips, these stressful situations can be manageable for the children as well as the parents.

  • Keep the holidays tension free. Orchestrating a Christmas between split parents can be frustrating. But be mindful that they key to making things work for the children is to have a tension free holiday. If you can reasonably manage your feelings, a holiday together could be meaningful for the children. If not, you will be better having separate celebrations. Just keep in mind that even though you may have personal differences, putting on a tension free front to your children will be for their best interests.
  • Keep the children in the loop, and smooth out transitions. Going back and forth between two households during the holidays can be challenging as well as frustrating for children. Many kids will not understand why they are being shuffled between so many people and locations. Keep the children in the know of what is going on and give them a heads up of what’s next. Instead of telling them when it is time to go without notice, inform the children of what the plan is ahead of time. Set time aside to sit down with your children before the holidays begin and map out a schedule for them. The more they know ahead of time, the easier the transition from one family to another will be.
  • Don’t focus on “fair”, but what is right for the children. When it comes to scheduling holidays between households, parents can often become overly concerned with conflict or competition with each other and forget how it feels for the children. But parents must remember that what is “fair” for the mother and father may not be what is best for the children. Do your best to stay flexible and make sure to keep your children’s needs at the top of your agenda.
  • Holidays present challenges for lots of families. While the holidays can be stressful, keeping the children’s best interest in mind will be the best way to ensure that you and your family have a stress-free holiday. Talk with your children. Ask them what they would like, and do your best to take that into account. By following these tips, you can make sure that you and your children have a successful holiday season.
How Do You Determine Your Filing Status for Income Taxes?

How Do You Determine Your Filing Status for Income Taxes?

by | Nov 2, 2016 | Alabama, Divorce, Family Law, Finances, Mobile, Mortgage, Significant Decisions

By: Brandi Morgan, CPA

It is very important to select the correct filing status as this will impact the amount of your standard deduction and your tax rate. You may fall into more than one category, so you should choose the one the produces the lowest overall tax. An individual may be single, a surviving spouse, head of the household, married filing jointly, or married filing separately. Filing status is determined on the last day of the tax year.

The basis standard deduction amounts for 2016 are:

  • Single 4,050
  • Married filing jointly and surviving spouses 12,600
  • Married filing separately 6,300
  • Head of Household 9,300

You are considered single for the whole year if on the last day of the tax year, you are unmarried or legally separated under a divorce or separate maintenance agreement. You are considered unmarried if you and your spouse did not live in the same household for the last six months of the tax year. If your home was the main home for a qualifying child or relative and you provided more than half the cost of keeping up your home for the tax year, you are eligible to file as head of household instead of single which provides a higher standard deduction and lower tax rates.

A single taxpayer qualifies as a surviving spouse during the two years following the death of a spouse if the household is maintained for a dependent child and you do not remarry. Tax brackets for surviving spouses are more favorable than filing single.

Married individuals may opt to file jointly or separately even if only one spouse had income. In most situations, it is advantageous to file a joint return due to higher deductions and lower tax rates; however, there are special circumstances where filing separately produces a lower tax bill. It is advisable to calculate your tax both ways and use the filing status that yields the lowest aggregate tax. Considerations other than tax savings should also be considered. If you believe your spouse is not reporting all of his or her income or you do not want to be held responsible for any taxes due because your spouse did not have enough tax withheld or pay enough estimated tax, filing separately may be ideal.

If you are unsure which status applies to your situation, consult your tax advisor.

Brandi Morgan is a CPA and Manager at Wilkins, Miller, Hieronymus LLC, Certified Public Accountants and Advisors. She can be reached at wilkinsmiller.com or 251-410-6700. Her office is located at 41 West Interstate 65 Service Road North, Suite 400, Mobile, Alabama 36608.

Talking With Your Children About Divorce

Talking With Your Children About Divorce

by | Sep 26, 2016 | Alabama, Child Support, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions

Divorce can be a difficult situation for all parties involved, especially the children. Many children are confused about the situation and do not understand why their parents are separating.

Although this can be difficult, talking with children is a crucial part of the puzzle when you are dealing with a divorce. Parents often put off talking to their children about divorce because they are unsure how to explain such a complex situation. But a delay in talking with your children can actually make the divorce more difficult for the children in the long run.

When children are suddenly surprised with the divorce of their parents, they go through a great deal of emotions. Many feel as if it is their fault that their parents are separating, while many begin acting out and become angry with others. This is another reason why explaining to your children why you and your spouse are divorcing is very important.

To help you make this process easier, here are six strategies for talking with your kids about divorce. While it may seem beyond your capabilities, just remember that there are ways to make it easier on both yourself and your children.

  1. Talk to your children with your spouse, if possible. If you present a united front to your children, they may not be as confused about the situation.
  2. Carefully, and appropriately, explain the reasons for the divorce. Make sure whatever you tell your children is appropriate to their age and maturity level.
  3. Make it clear that the divorce is not the child’s fault. Many children struggle with guilt during their parent’s separation. Be sure to reiterate that this is not their fault.
  4. Maintain eye contact and a calm attitude. In order for your children to believe the situation, you must remain calm and truthful. If you begin to get angry, the child may become angry and upset as well.
  5. Avoid blaming your spouse. Although you will have personal issues with your spouse, they are still the child’s parent. Do not put down your spouse to the child. This will only create more stress on the child, making them feel like they should have to pick sides when they should not.
  6. Allow plenty of time for children to ask questions. They will have many questions as to why this is happening and what is going to happen in the future, and they deserve to have those questions answered to your fullest abilities.

Remember, every family is different. Talking about your divorce with your children can be difficult, but will be a critical step forward in the healing process.

Social Media Do’s and Don’ts

Social Media Do’s and Don’ts

by | 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.

Divorce and the Family Business

Divorce and the Family Business

by | 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.