Month: December 2022

What is a QDRO & Why Do I Need One in Divorce

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What is a QDRO and do I need one to get the 401(k) distribution that was ordered in my uncontested divorce? QRDO stands for qualified domestic relations order. Generally this is an order from the court that lays out the details regarding how the retirement benefit plans should be divided in the event of a contested divorce in Birmingham.  QDRO in Divorce

A QDRO can be ordered before the divorce, during the divorce or after the divorce. Generally it is best to get a qualified domestic relations order earlier on in the divorce process because it can be more difficult to divide the funds once the divorce has been finalized for a long period of time. If you fail to include a QDRO in your final divorce decree, then you will have to reopen the divorce in order to put the order in place. 

As you can imagine this often ends

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Can I Close on the House Without My Spouse Being Present in AL

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If we are going through a divorce in Birmingham, can I close on the sale of a house without my wife being present at closing? A property that is intended to be used as a primary residence in Alabama is known as a homestead. If a property is deemed to be a homestead, then there is a statute that applies. The statute states: “no mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgements of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance.” Ala. Code § 6-10-3.  Closing on House in Divorce

Therefore, under this statute you cannot close on the sale of a house without your wife’s signature or assent

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Tips for navigating Christmas alone from a divorce coach

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Divorce and break-up coach Claire Macklin joins us to share tips for navigating a family Christmas after separation or divorce.

Christmas can be a challenging time of year for separated families. Expectations and emotions are high, established routines are interrupted, time with your children is divided, and many of my clients end up feeling anxious.

I understand. I remember feeling the same about Christmas the first couple of years after my divorce, especially the first time that our children were spending Christmas with their Dad.

I had to decide whether to let it get me down or to find new ways to enjoy Christmas.

Change is always difficult, but the truth is that whatever your new reality, you always have a choice. You can let it control and define you, or you can choose to take back your power and consciously put yourself back in the driving seat.

These techniques

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What is a Quitclaim deed and Why Do I need one in a Divorce in AL

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 What is a quit claim deed and why do I need one if a house was acquired during the marriage but my spouse is not showing on the deed? A quitclaim deed in Alabama is a document that transfers ownership of an interest in a property from one party to another. The grantor is the party that is giving their ownership interest and the grantee is the party that is paying for the interest. Quitclaim deeds are the quickest way to transfer property from one person to another at a real estate closing in Alabama. Quitclaim deeds offer no protection to the buyer because it is only a means of transferring the interests as fast as possible.  QuitClaim Deed in a Divorce

In Alabama the quitclaim deed does not ensure that the current owner has clear title to the property. Quitclaim deeds are commonly used when the property is being transferred: to a spouse

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Who is a Family Mediation Lawyer and What They Can Do

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A family mediation lawyer is a family lawyer that focuses on settling family law matters through negotiation, mediation, arbitration or collaborative family law. They can be your advocates during mediation and settlement talks, or they can be actual mediators who will assist you and your spouse reach a settlement in your family law matter. These lawyers avoid courts and litigation.

Let’s look at family mediation lawyers’ types, qualifications, tasks, strategies and goals.

Family Mediation Lawyer Types

There are two types of family mediation lawyers:

  1. Family Law Mediation Lawyers that advocate and attend mediation and other settlement talks for each of the parties; and
  2. Family Law Mediators who do not advocate for either party but try to get the parties to settle through compromise.

Family Law Mediation Lawyers

Family law mediation lawyers who are ‘advocates’ for each party are usually general family lawyers who choose to settle cases instead of litigating

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