Most Birmingham divorce settlements resolve in a fair and equitable manner to both spouses. There is the possibility, however, that in an effort to rush a divorce an individual will end up compromising some elements of the divorce settlement. Without first fully appreciating all aspects of a divorce settlement, an individual risks creating financial obstacles as a consequence of the divorce. Individuals going through a divorce must remember to always heed some pieces of information regarding finances as provided by a Birmingham divorce lawyer.
During many divorces, an order is issued that freezes a couple’s assets or prevents certain financial transactions from being made that are outside the course of ordinary business. Significant financial decisions including the sale of real estate might be prohibited while a divorce is proceeding, which means that individuals could end up suffering the financial ramifications of not being able to make such a sale. Before initiating a divorce proceeding, an individual should analyze any financial decisions that might be made in the future and determine whether the individual should make such an action before the divorce.
Many individuals rush into divorce without considering the entire ramifications of the process. In addition to child custody and alimony, divorce can other financial ramifications including significant tax consequences. Prior to initiating a divorce, individuals should appreciate the actual values of any involved accounts and assets. Individuals should make sure that a budget can be planned without adding in assistance that might be paid by a spouse.
Divorce proceedings that are performed hastily have the great potential for undue influence. Undue influence occurs when one spouse unfairly persuades the other spouse to perform a certain action. Courts determine the existence of undue influence based upon the age of the alleged victim, the victim’s physical and mental condition, whether the victim had any independent advice, and whether the individual acted out of distress or emergency.
One of the obstacles presented by hastily entering in a divorce settlement is that it is particularly difficult to modify these agreements once created. It is much easier for individuals to take caution and time in approaching an initial divorce settlement than to try to change terms later. If a settlement has been reached, an individual must file a petition to change or alter certain elements of the divorce. Individuals will often then have to convince a judge that altering the settlement is appropriate.
If you are involved in a divorce that was too hastily executed, consider contacting an experienced Birmingham divorce attorney at Alabama Divorce & Family Lawyers, LLC, who knows how to help clients reach the best results possible.
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