Birmingham Divorce Attorneys: 5 Facts about Divorce in Birmingham (The Magic City)

Divorce in the Magic City isn't necessarily magical. Give us a call for an initial consult at 205-582-2832.

Divorce in the Magic City isn’t necessarily magical. Give us a call for an initial consult at 205-582-2832.

Sometimes in the Magic City couples lose the “magic” in their relationship. They no longer feel the way they once used to, leading to a very expensive fight. Maybe financial problems have torn them apart. Perhaps, it was a vice of some sort like alcohol, marijuana, heroin, excessive brownie intake, or even strippers. Regardless of the core reason that caused the dissolution, those people inevitably have to figure out the best way to split up everything without destroying themselves in the process. They begin googling divorce, child custody, and alimony (we’ve even seen the term “aliMONEY” in our google analytics) and start asking friends for advice. Then they start the divorce process highly educated in a variety of jurisdiction’s principles. They fail to realize that even one county away divorce is vastly different than the Magic City.  Sadly, they’re in for a rude awakening when they begin filing things and visiting with attorneys. Here’s a few facts about getting divorced in Birmingham to help you along the way:

  1. There are thousands of attorneys in the Birmingham area. A large portion of these attorneys handle domestic cases regardless of whether they are truly capable of doing so or not. Since the true nature of domestic or matrimonial law is fact based and ever changing, there are numerous lawyers who thrive in that gray and hide behind the safety of the statement “there’s no guarantee of a good outcome.” Ever since the criminal appointment system in Birmingham dissipated, lawyers who only practiced criminal law are now jumping into the domestic arena with little or no experience. There are lawyers everywhere who practice “threshold law,” meaning they’ll take anything that pays the bills. This has led to an increase in fees because domestic attorneys are forced to either teach the other side what they need to do to make this process move smoothly or deal with the incompetence of the other side. The pleadings and negotiating go downhill. The trials are flooded with nonsensical mess. Just because you found an attorney, doesn’t mean they do what you need. Would you go to an allergist to solve your heart problem?
  2. As the General of your army, you need to make the proper decision in regards to choosing an attorney right for you. The large amount of attorneys in this area comes with a large variety of attorneys you can choose from. If you are simply googling, you’ll get the people who pay the most for search engine optimization. This doesn’t mean you’re getting an attorney who is right for you. There are a few of those attorneys who will bleed you dry and send you on your way. How do you think they pay to be #1 on Google? If you have a complicated custody issue, look for an attorney that focuses on custody. Many lawyers advertise custody but have never been a Guardian Ad Litem. Ask your lawyer directly what they think an ideal custody situation is. If they are giving you what you want to hear, you know they aren’t looking out for your children first. If you have a high asset divorce, don’t just look for someone who advertises high asset divorces because sometimes…that’s just code for “clients that can afford to pay me.” Do your own research and NEVER hire someone who lists another area of law as their primary area of practice. You may save money at first, but you’ll end up having to hire someone else to clean up what they didn’t understand later.
  3. You could be waiting at least a year for your day in court. Just because you’re wanting to duke this out in court doesn’t mean that you’ll be in court in the next couple of months. Jefferson County is flooded with divorce cases, and don’t get me started on modifications. Sometimes it takes three months to get a Final Order on an Uncontested Divorce. You have to be patient, and you need someone who knows realistic time expectations, especially when it comes to which Judge is assigned to your case. You are in the largest county in the state. What does that mean? Larger numbers of people flooding the court system.
  4. Stop assuming that the mother is always getting custody, child support, and alimony. There are some counties where this is a guarantee. This is not one of them. Once again, this depends on your judge, but as a woman do not go in there expecting to win everything simply because you are a woman. As a man, stop giving up everything because you expect that to happen. This is not 1950. If it were, my outfits would be so much cuter. Also, people would never think it was okay to wear jeans to court. It’s not okay to wear jeans to court. Please, if you’re my client, do not ever wear jeans to court.
  5. There are two divisions for Jefferson County and so
    Your family's law firm. 205-582-2832

    We love the Magic City so much, we put in our firm’s name. We want to be your family’s law firm in the Magic City. 205-582-2832

     

    many courthouses. There is not just one almighty courthouse downtown like most counties in the state of Alabama. Jefferson County separates its domestic courts from the civil court, family court, and the criminal court. They even have another Bessemer Division that handle cases in the Bessemer area. The odds of getting lost without proper guidance are pretty good. Make sure your lawyer informs you of where and when to show up to court.

5 Ways You Can Help Us Help You

It’s thirty minutes after trial has ended. The client looks over at her attorney and mutters, “I had witnesses that could have testified to all of that. Why are they saying it’s only my word against his? I have letters, emails, text messages, and even recorded phone calls that can prove what I just testified to! He was lying too. I can prove that in a heartbeat. Look, I’ve got his mistress on speed dial and she said she’d testify to him paying her in diamonds. She said she’d tell the Judge he’d make it rain with diamonds while she was naked on the bed! I even have pictures in my glove compartment to prove that they were doing all this, and a video in my backpack. Oh, and she’s only 16.”  The lawyer, who has been prepping for this case for months, worried about no evidence, worked with her client over testimony, is absolutely flabbergasted.

After all this time prepping, talking to the client each and every day, could her client not mention any of this? Was she not listening when her client told her that her ex husband was making it rain with diamonds? There’s absolutely no way. That is something she would surely remember. It comes down to this simple fact: clients keep things from their lawyers. They don’t tell us everything. Okay, the good ones tell us a lot and help us prepare for trial. The ones that keep things from us are the ones that don’t always win their trial because we were missing proof that could’ve helped them. I almost want to say “Well, too little too late.” I don’t though. Instead I think of every way I can to help them tell me what will help them. Which brings us to this:

  1. If you think it could help your case, then help us help you. Don’t keep anything
    5 Ways You Can Help Us Help You!!!

    5 Ways You Can Help Us Help You!!!

    from your lawyer. (There are exceptions to this when it comes to criminal cases.) We suggest that you keep a diary. Write everything down. We don’t have to be phone pals, talking each and every day, but we want to know what’s important. If he is playing “Pretty Pretty Princess” with his mistress, then write it down and bring us proof if you have it! If you want to keep your bill down, then write short little notes to help you remember or to give to us to review. You don’t have to be our pen pal just to keep us informed, but you must tell us. If we were mind readers, we’d all be billionaires.

  2. Don’t wait to tell us. Write it all down immediately and let us know WAY before trial. If there is Discovery that is due, it might be a good idea to tell us before we do all of that. In order for us to fully prepare, we need ALL your information before the other side gets it. We need to know the good and the bad of our clients, so we are fully prepared to go to trial.
  3. If you have evidence, stop telling us about it and give it to us. There’s only so much that words can do. Clients can talk a lot of talk, but when it comes to proving their case, they often fall short. Bring us the bacon… or… uh… the smoking gun? We had a client bring us her husband’s lover’s prescription meds boxes and hair out of her shower drain that didn’t match her or her husband’s. Is this gross? Sure, a little, but at least she could prove that girl was in her home and using her shower. If you find naked photos or love letters, bring them to us. We don’t want you to describe them to us.
  4. Do not hold on to past criminal acts to use against your ex at the last minute. It doesn’t look good for our case. You cannot simply throw mud back and forth when you’re holding onto a time bomb. If you don’t want to use it against them, then by all means, do not use it against them. If you get angry enough to use it against them, it shouldn’t be at the end of the case. You either try to be nice and stay that way, or you bring it up fast. You should tell your lawyer about this time bomb before it is ready to explode. The last thing we want to do after negotiating a visitation schedule for four weeks is to then say, oh never mind, she’s been having an affair with a student at school for the past year. The Judge’s reaction if that comes out after multiple hearings will not only be disbelief but distrust.
  5. Just communicate. We know when it comes to lawyers that talk isn’t cheap. However, if you don’t talk to us because you fear the money implications of it all, then you end up only cheating yourself. Be effective by keeping a diary. Come in for short meetings where you stay on track telling us the high notes. Don’t call every day, but call and keep us informed. Make and keep appointments. Get us evidence without us having to work extra hard for it. Call your witnesses and talk to them before we do so they know what to expect. Be open with everyone, and your case will be economically efficient for you and time efficient for your attorney!

How to Defend Against a False Abuse Allegation: 5 Tips

Everyone has heard by now about George Zimmerman and the constant legal drama in and out of his life. Most recently Mr. Zimmerman’s girlfriend falsely accused him of attacking her and threatening her life with a gun. The conflicting stories coming from the two different calls, and her retraction of her statement lead to him not being charged.
However, besides the fact that Mr. Zimmerman makes about as good of choices as
Charlie Sheen on a whatever drug he’s on at the moment binge, it appears that this time, he was probably in fact innocent. Perhaps it wasn’t just desperation by her to not have a baby daddy in jail.

The point of this story is domestic violence charges and Protection From Abuse Orders are constantly used to gain an upper hand in court whether or not they are true. Men have to fear the legal bias when it comes to a divorce or child custody case, but also the possibility of going from loving father/husband to evil abusive monster even if you’ve never laid a hand on her. What should you do if you are falsely accused of abuse?

Need help defending against a false PFA or Domestic Violence charge? Call Meyer, Middleton, & DeLuca at 205-202-0070.

Need help defending against a false PFA or Domestic Violence charge? Call Magic City Law, LLC TODAY at 205-582-2832

  1. Avoid the woman like the plague. I don’t care if she promises you leather and lace from now to eternity if she went so far as to falsify a police report or court document, she can’t be trusted. This woman doesn’t care about anyone but herself. If she is trying to lie to the legal system to the detriment of your future, how can you build a future together? If you stay with her, you’re tying yourself to a whole new ball and chain.
  2. Hire a lawyer. Hire one like yesterday. Don’t go at this alone. A woman comes in crying, emotional, and with the guts to lie to the legal system, she’s in it to win it. You better be prepared to fight for your reputation.
  3. Tell your lawyer EVERYTHING. It isn’t good for your lawyer to be blindsided the day of trial with 5 other municipal court cases where she has done this before and either won, or withdrawn her statement. If your lawyer knows your dirty dark secrets, they can work with them. If they don’t know them, you’re giving the other side a real advantage in the case.
  4. Think of anyone who could be a character witness for you. Your mother? Not the best choice. Your siblings? Also not the best choice. Her best friend? WHAMO. If your mother or sister want to say how you used to play tea party with your teddy bears and use that to prove you aren’t abusive now, that isn’t going to go far. However, her best friend takes the stand and says “I wasn’t there, but I see them fight all the time. She beats on him. He never raises a hand to her. He simply walks away.” Well, that’s effective.
  5. Dress for court. You are more respectable if you respect the court. This is for every type of case. Do not come to court in any type of spandex, pleather, or graphic t-shirts.