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7 Things to Do and Not to Do After Filing Divorce when Minors are Involved

September 11, 2013

DO try to maintain a stable environment for all parties involved, especially the children. 

Most courts prefer that the children stay in the parties’ home in the custody of the person who has traditionally provided the majority of the care and control prior to the initiation of the action.

DO set up a schedule of visitation for the parties to follow during the pendency of the action. 

Madison County has a Standing Visitation schedule which is to be followed by the parties as soon as a divorce action is filed.  This schedule is meant to be a minimum requirement rather than a maximum requirement. Find what works best for your family.

DO NOT speak unfavorably about your spouse in front of any minors. 

This includes statements, written words and actions in their direct presence and through social media.  Some courts require that both parties take a class regarding transition in parenting which can provide productive ways to explain your situation to your children.

DO ask the Court for Emergency Relief when you cannot come to an agreement regarding minors. 

This includes, but is not limited to, child support, residency of the children, visitation schedules, abuse, etc.  The Court will hold a hearing as soon as possible in order to remedy the problem areas.

DO calculate child support for the non-custodial parent to pay while the divorce action is pending. 

Rule 32 of the Alabama Rules of Judicial Administration explains how the courts will calculate child support.

DO NOT change any medical benefits, life insurance policies, automobile policies, trust funds, etc., for minors. 

Courts insist that the parties maintain the status quo and refrain from altering, changing, removing, selling or converting assets, benefits or policies pending a Final Order from the Court.

DO remember that the best interests of any minor should be the first priority.

Huntsville Divorce Lawyers at Hodges Trial Lawyers, P.C. Help Divorcing Couples Reach Amicable Divorce Settlements

If you are considering a divorce, speak to one of our Huntsville divorce lawyers at Hodges Trial Lawyers, P.C. to obtain legal counsel. For an initial consultation, contact us online or call us at 256-539-3110 or 888-539-3110. Located in Huntsville and Athens, Alabama, we serve clients throughout North Alabama, including Madison County, Limestone County, Marshall County, Jackson County, Morgan County, and Lauderdale County.