General Considerations

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Divorce DecreeDivorce is an unfortunate fact of life today.  More that 60% of all marriages entered into in Mobile County end in divorce.

Each divorce is unique, and the various facts, assets, debts and faults of each individual in a marriage will be considered in the resolution of the divorce.  Anyone who blindly enters into the divorce arena must understand that the consequences of their actions will follow them throughout the remainder of their life.  

Because of the awful personal effects of a divorce on everyone involved, I encourage anyone contemplating a divorce to reconsider his or her decision and go forward with the divorce only if no other options exist.  Maintaining a successful  marriage is difficult.  Any successful relationship has difficult times.  There are times when the relationship doesn't seem worth the effort to make it succeed.   Your friends may tell you that you should divorce your spouse.  They  may be correct.  They may be wrong.  If you listen and heed the advice of amateurs, who do not know, understand, or appreciate the details of your life, about the most important decisions in your life, both you and your family may suffer irreparable harm.  In most marriages there is plenty of fault to go around.  Both husbands and wives have affairs;  both husbands and wives lie;  both husbands and wives take drugs, abuse alcohol, and/or gamble excessively.  Fault abounds.  If you are contemplating a divorce you should consider every other source available to you, such as marriage counseling, substance abuse counseling, or the guidance of a close, trusted, family friend.   Many marriages can be saved, but many marriages cannot.  If all efforts to save a marriage have been exhausted and a divorce is inevitable all you can do is to make sure that you have a successful divorce.   You will have a successful divorce if your divorce is handled with diligence and care, and with a final resolution which protects your rights and interests.

It is often the case that when divorce becomes inevitable people mistakenly believe that their spouse will be kind, considerate, and even generous.  But we live in a time where many of life's decisions are made on the basis of superficial feelings and emotions.  The toll of divorce on families is often devastating.  Some children never recover from divorce.  Many adults become bitter and alienated.  The ripple effect of divorce on the social fabric of our entire society is enormous.  It can result in problems in school, higher rates of crime, teenage pregnancy, juvenile delinquency, and other tragic and sad situations.  You can be taken advantage of and lose assets and even custody of your children to a spouse who, on the surface, appears to be being generous.   You must recognize that what happens to you in a divorce depends upon the actions you and your lawyer take to protect yourself.

It may be tempting to take seriously the avalanche of advice from television talk shows, magazines, newspaper articles, and even books on divorce,  but this information most likely will not apply well to your case.   

During the process of a divorce you should lean on your family and friends for emotional and moral support, but turn to an expect for legal advice.  Your friends, your family, television talk shows, and ministers, while well meaning, are not matrimonial attorneys and often have an erroneous view of not only the law, but also the practice and procedures used in Mobile County.

A divorce does not have to be the end of your life;  instead you have a chance to have your life back and your children intact.  You must recognize that what happens to you in a divorce depends upon the actions you and your attorney take to protect you and your interests.

This law firm understands the family tragedy associated with divorce.  Divorce is emotionally draining.   You could be caught in the middle of an abusive or violent situation which may escalate into real tragedy.  In such a situation a decision must be made immediately for the safety of you and your children.  Once that decision is made it is essential that you get sound legal advice and utilize the police and the court system  to prevent further abuse and danger.  

When we work to reach a  resolution in a divorce, our ultimate goal is to resolve the divorce with the least amount of disruption possible, especially if children are involved.  However, in order to reach this goal both parties must be willing to reach an amicable agreement.  If only one party is willing to reach an amicable agreement and the other party refuses to accept the fact that a spouse is entitled to an equitable distribution of the marital assets,  then a settlement is unlikely.   You must remember that your spouse is no longer your friend.  He or she may be either trying to take your children or to prevent you from receiving some material asset that you believe you deserve.  It is usually a mistake to rely on your spouse to give you what  you want and what is fair.  You must have a sense of realism at this moment in time.  

In order to best protect yourself you must get expert and sound advice from a matrimonial lawyer on every decision you make.  At this point you will be entering into a very unhappy period in your life and you must make yourself ready to defend your rights.  You must take a long term view.  

The difficulties between you and your spouse will not end with the divorce decree.  In some cases, the ongoing difficulties between the parties worsen after the judgment of divorce.  You must keep in mind that you will still have considerable contact with your former spouse.  If there are no children involved you may never have to deal with him or her again.  If you do have children, you will have to communicate regularly with your former spouse concerning the care of the children.  Both parents will have legal rights relating to the children and are normally afforded certain protections of those rights by the court.  It is important that you consider what the relationship will be after the divorce.                                                                 

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