- DivorceIf an uncontested divorce does not appear possible, we at the Law Office of Clyde T. Bailey will assist you to develop a strong case to present at trial - while always keeping the possibility of settlement available if the circumstances present themselves. CALL THE LAW OFFICE OF CLYDE T. BAILEY TODAY !
- Child SupportAlso, seek legal counsel. Our laws require that certain legal burdens must be met and presented to the court in specific ways before the court can decide an issue in your favor. Areas such as child support calculations, asset and debt division, property settlements and modification of divorce decrees all have areas of particularity that must be properly addressed. Assistance from an attorney experienced in family law who will explain each step of the legal process and who will provide candid legal advice is essential.
- Child Custody and VisitationThe court recognizes that no family will remain the same forever. When there is a significant change in circumstances, such as job loss, significant change in income (whether up or down), abuse, relocation or other change, a modification of the Court's previous order may be necessary. At the Law Office of Clyde T. Bailey, LLC, we assist our clients with modifications of child custody, visitation, and other matters.
- Adoption
- PaternityClyde has dedicated his legal practice to Family Law which allows him to serve clients with legal matters arising from divorce, child custody, child support, visitation, adoptions, paternity matters, juvenile delinquency, and other domestic issues. He also previously served as Assistant Attorney General and previously represented Elmore County Department of Human Resources in matters involving child dependency.
- Premarital AgreementPrenuptial and ante nuptial (not anti although it seems that way) agreements are the same thing. They are different names for a document that sets out the terms of dissolution of a marriage when there is a death or divorce. If you signed one of these prior to your marriage, let your attorney know. That document should control the terms of the dissolution of the marriage. The law has changed several times in this area and there are some technical requirements and loopholes, so it is important that we examine any premarital agreements.
- Spousal SupportIf you receive alimony you may need to make estimated quarterly tax payments. If you are employed you need to tell your employer about the divorce so they can change your tax filing status which will increase your withholding.
- Legal SeparationAlthough legal separation is possible, we do not generally recommend it. You are still married for most purposes (you cannot date). You usually wind up divorced anyway, and instead of paying for one lawsuit, you pay for two. If you are not ready for a divorce but you want to talk things over with someone, we recommend counseling; and we will be glad to recommend some counselors. Do not use a “trial separation†as a substitute for effective marriage counseling. If you want the marriage to work, you will probably need counseling. If you do not want a divorce, counseling is a good way to avoid it or prepare you if you must go through with it.
- AnnulmentAnnulments are granted by the court only in certain rare cases. The legal effect is to void a marriage from the very beginning B as if the parties had never married. If for religious or other reasons you want an annulment, tell us before the divorce is filed.
- Child AbuseChild abuse is disgusting. It is often an example of the weak being victimized by the strong. A false allegation of child abuse is just as disgusting. Both do damage that can continue through a family for generations.
- AssaultIf you are under a protective order, any assault on your spouse is an aggravated assault, which is a serious criminal felony. You must obey protective orders and injunctions even if your spouse tells you it is all right to ignore the order. That spouse may be setting you up for a trap. You must obey the order until the court modifies or vacates the order.
- Juvenile Crimes
- KidnappingIf you need to go into any sort of “safe house†to protect yourself or your children from violence, tell us about this before you do so. We need to take steps in court so that your spouse cannot convince the judge you are kidnapping the children.
- Employment Contract
- Estate PlanningIf you have a will or other estate planning instruments in effect, you may need to update these documents to properly provide for the beneficiaries you desire. We recommend that you execute a new will as soon as possible to ensure your estate is divided according to your wishes. If you wish to pursue this, we can assist you with the execution of a new will.
- WillsOther items such as trusts, insurance plans, retirement plans, living wills, etc. that have a named beneficiary, will continue to go to that named person until a new beneficiary is named. We recommend that you review all of your estate planning documents and take the necessary steps to protect both your estate and your surviving loved ones.
- Power of AttorneyIf you have given your spouse power of attorney (the legal authority to act for you) get it back and cancel it. We can draft a cancellation if necessary but it is very useful for us to have the original document.
- Bankruptcy
- ForeclosureFor example, the wife gets the house and the husband agrees to pay the mortgage. The husband dies or goes bankrupt. The wife may or may not be able to sue the husband. In any case, the mortgage company can foreclose on the house if the payments go unpaid and sue the wife for any unpaid balance after foreclosure. The best way to protect the wife in this case would be for the husband to refinance the property and to remove the wife from the debt if possible. Sometimes this is financially impossible for large debts such as houses, but can still be done with smaller debts such as second mortgages and car notes.
- Tax LawSometimes there are important tax issues to consider. Transfer of property (such as a bank account) from spouse to spouse during a divorce is usually not taxable, but transfer of income (for example, interest) from an asset can be taxable. Be careful about capital gains.