Month: July 2012

We Want Prenup (We Want Prenup)

Prenuptial Agreements. Their very utterance invokes a myriad of preconceived notions people have about their existence and utility. In essence, a Prenuptial Agreement is a legal document executed prior to a marriage that outlines and divides property and assets should the unlucky couple divorce. They are not always binding, and their execution and enforcement is often challenged in court on various grounds. Many things can never be included in a prenup, like child support, custody, or visitation issues. It’s highly advised that you have an attorney prepare a prenup, as the legal requirements for their valid execution are sometimes tricky.

Probably for the last time on this blog, I have provided a link to a website called “The Hollywood Gossip”. I’m not proud of it. But the article (ahem) notes some facts about the aforementioned TomKat divorce, essentially letting the anxiously waiting public know that Katie won’t receive much from Tom. Girlfriend, she shouldn’t have signed that thing. Read all about it here:

http://www.thehollywoodgossip.com/2012/07/tom-cruise-katie-holmes-prenup-how-much-will-she-get-in-the-divo/

In sum, prenups are good, but you have to do them correctly. It’s far better to spend a little money on the front end and take care of certain issues than wish you had when things start going down. Tom would agree.

 

Cruising to a Settlement

Pardon the pun, but sometimes it’s good to be vindicated. As I’ve previously mentioned here, the best course of action in a divorce is to approach things with an eye towards compromise and negotiation. And wouldn’t you know it, Tom Cruise and Katie Holmes agree! I would rather poke my eyes out with a sharp stick than pay much attention to anything celebrities do, but the recent announcement that TomKat (sorry) have/has reached a settlement in their divorce seemed like news enough to me.

Read the details:

http://www.huffingtonpost.com/2012/07/09/tom-cruise-katie-holmes-divorce-settlement_n_1659293.html?utm_hp_ref=celebrity

Notable quote:

“We are committed to working together as parents to accomplish what is in our daughter Suri’s best interests. We want to keep matters affecting our family private and express our respect for each other’s commitment to each of our respective beliefs and support each other’s roles as parents.”

If these two crazy (rich) kids can keep things out of court, anybody can. Call our offices today and we’ll guide you through the process.

Compliance and Contempt

Getting divorced in Alabama is oftentimes a landmine of legal intricacies, jargon, and confusion that many people struggle with. One of the most common post-divorce questions is, what can I do if my ex is not following our divorce papers? As previously discussed, you cannot withhold child support payments or deny visitation if your ex is not in compliance, but what can you do?

The remedy for noncompliance with a court-ordered divorce decree and/or agreement is a Motion for Contempt, or Motion for Rule Nisi. A sample Contempt Petition for Non-Payment of Child Support can be found here:

http://eforms.alacourt.gov/Child%20Support%20Forms/Contempt%20Petition%20for%20Non-Payment%20of%20Support.pdf

Essentially, these are show-cause petitions requesting your ex to appear in court and explain the reasons for their noncompliance. They are served with a copy of the Petition or Motion and have thirty days to file their Answer, at which time it will be set for a hearing. Judges in Alabama are particularly firm about parties complying with their Orders, and will not take lightly to a party’s willful disobedience.

If your ex is not complying with an Alabama divorce Order or agreement, you can enforce your rights in court. Call our office today at (866) 345-2528 for a free consultation.