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Birmingham Divorce Lawyer > Blog > Divorce > How Does Your First Marriage Affect Your Second Divorce?

How Does Your First Marriage Affect Your Second Divorce?


Approximately half of all marriages end in divorce, but people who have been married more than once account for a disproportionate share of these cases.  Some people find that marriage is easier the second time around; you are more mature than you were during your first marriage, so you know how to pick your battles, and you can tell, before you tie the knot, whether you and your partner are compatible.  You might even have a conflict management strategy about money, such as, “Yours, mine, and ours” bank accounts, or, “Stay out of my business about my sports memorabilia, and I will stay out of your business about your designer handbags.”  If your second marriage ends in divorce, though, it can be even worse than the first time around.  When you are older, you have fewer years of gainful employment ahead of you, so property division becomes a zero-sum game.  Meanwhile, co-parenting your ex-spouse is painful at any age; divorce is tough on children, regardless of whether they have older half-siblings from their parents’ previous marriages.  A Birmingham divorce lawyer can help you finalize your second divorce with a satisfactory property division settlement and parenting plan.

When Your Ex Gets Arrested for Child Abuse and Then Accuses You of Being an Unfit Parent

The courts of Alabama ruled on a contentious divorce case in which the parties had an eight-year-old daughter together, but both parties also had children from previous marriages.  In the divorce petition, the wife requested primary physical custody of the child, but the husband requested that the court name him as the primary residential parent, or at least divide the parenting time equally.  He argued that several injuries the child had suffered were the result of the mother abusing her, whereas the mother argued that the injuries were accidental.  The mother argued that it was less safe for the child to be with the father, as he had previously been arrested for domestic violence against one of his older children.  The husband’s father testified that it was in the child’s best interest for the wife to be the primary residential parent.

When Both Spouses Have a History of Homeownership

In the same divorce case, the wife had sold her house and moved into the husband’s house when the parties married.  The parties signed a prenuptial agreement, which stipulated that they would take out a home equity line of credit (HELOC).  If the parties divorced, the husband would pay the wife $18,000, minus half of any outstanding balance on the HELOC.  By the time the wife filed for divorce, the balance on the HELOC was $39,000.  Despite the fact that the husband had taken withdrawals from the HELOC without the wife’s knowledge in the weeks leading up to the divorce filing, the court ruled that the husband did not have to pay the wife any money related to the HELOC as part of the divorce settlement.

Contact Peeples Law About Your Second Divorce

A Birmingham family law attorney can help you finalize your divorce as painlessly as possible, even if this is not your first rodeo.  Contact Peeples Law today to schedule a consultation.



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