top of page

5 Critical Mistakes to Avoid in an Alabama Divorce (and How to Protect Yourself)

  • Writer: Michael Capleone, Sr.
    Michael Capleone, Sr.
  • Aug 12
  • 6 min read

Updated: Aug 15

Introduction 

Divorce is never easy, but in Alabama, the decisions you make early in the process can have a lasting impact on your rights, your finances, and your future. As a Hoover-based divorce attorney, I’ve seen too many cases where one simple misstep caused months—or even years—of unnecessary legal and emotional fallout. The good news? Most of these mistakes are preventable with the right guidance from the start.


In this blog, I’ll walk you through five critical mistakes to avoid in an Alabama divorce, and give you practical steps to protect yourself every step of the way.


Mistake #1: Moving Out Without a Custody Plan

In Alabama, your physical presence in the home—and with your children—can influence custody decisions. If you move out without a clear, temporary custody arrangement, you risk giving the court the impression that you’ve “abandoned” the children or ceded primary care to the other parent.


Protect Yourself:

  • Never leave the marital home until you’ve spoken with your attorney about custody implications.

  • If you must leave for safety reasons, document the circumstances and immediately seek a temporary custody order from the court.

  • Maintain regular, documented contact with your children.


Mistake #2: Hiding or Withdrawing Money

It’s tempting to protect assets by moving them into separate accounts or withdrawing large sums of cash. However, Alabama courts view this as dissipation or concealment of marital assets—both of which can seriously damage your credibility in the eyes of the judge.


Protect Yourself:

  • Be transparent about your finances with your attorney, even if you fear your spouse will act unfairly.

  • Avoid unusual withdrawals or asset transfers before or during divorce proceedings unless they are part of ordinary expenses.

  • Preserve financial records, bank statements, and tax returns.


Mistake #3: Social Media Missteps

In today’s world, what you post online can (and will) be used against you in court. A smiling photo on vacation, a new relationship status, or even an offhand remark about your spouse can be twisted to undermine your claims.


Protect Yourself:

  • Suspend or limit your social media use during divorce proceedings.

  • Avoid posting anything that could imply you have extra money, are neglecting parental duties, or are in a new relationship.

  • Remind friends and family not to tag you in posts or photos.


Mistake #4: Ignoring Temporary Orders

Temporary orders are court directives issued early in a divorce to set ground rules for custody, support, and use of property. Violating these—intentionally or accidentally—can lead to contempt of court charges, fines, or unfavorable rulings later.


Protect Yourself:

  • Read every court order carefully and follow it to the letter.

  • Keep a calendar of deadlines and obligations.

  • If circumstances change and you can’t comply, contact your attorney immediately to request a modification rather than risking noncompliance.


Mistake #5: Not Getting Legal Advice Early

Some people wait until divorce papers are served—or worse, until their court date—to contact a lawyer. By then, damage may already be done. Early legal advice allows you to act strategically, protect your interests, and avoid the pitfalls above.


Protect Yourself:

  • Schedule a consultation with a qualified Alabama divorce attorney as soon as you believe divorce may be possible.

  • Bring all relevant documents—financial records, property deeds, prenuptial agreements—to your first meeting.

  • Ask your lawyer about both immediate steps and long-term strategy.


Conclusion 

Divorce in Alabama is a complex legal and emotional process. By avoiding these five critical mistakes—moving out without a custody plan, hiding money, mishandling social media, ignoring temporary orders, and delaying legal advice—you can protect your rights and position yourself for the best possible outcome. The stakes are too high to navigate this alone. If you’re facing divorce in Hoover or anywhere in Jefferson or surrounding counties, I’m here to guide you with the knowledge, strategy, and dedication you deserve. If you need clear, experienced legal guidance to protect yourself during a divorce, contact my office today. Let’s discuss your situation in confidence and build a strategy that works for you.


You're not alone—and you're not powerless. These simple, but informative and powerful guides that are strategic, legal, and provide sharp emotional tools that work. These guides are inexpensive, give you valuable knowledge, and peace of mind in addressing the issue you’re facing at a fraction of what it would cost to receive this same information from an in-person consultation with a professional.    


👇Get this powerful Guide here!


👍 Need more step-by-step legal and emotional strategies? Download these focused guides:


—Written by Michael L. Capleone, Esq. | Alabama Family Law Attorney | All rights reserved.


Visit the website to explore resources: https://attorneymlc2003.wixsite.com/website.


About Michael Capleone, Attorney at Law 

Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.

Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond. 

These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.

For less than the cost of a single attorney consultation, you get targeted strategies built from over 22+ years of real-world family law experience. These aren’t generic blog articles or cookie-cutter templates. Every guide is designed to give you immediate, actionable steps — the same strategies I teach my own clients — adapted for real people dealing with real, high-stakes problems.

If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.

Winning in court isn’t just about having evidence. It’s about understanding the psychology, the patterns, and the legal strategies that judges actually respond to. These guides put that power in your hands. If you’re ready to stop reacting and start taking control, you’re exactly where you need to be!

For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only. 

This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this  blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.

Man in sunglasses, white shirt, and tie stands outside glass doors holding a jacket. Reflective expression. Signs visible in background.
Attorney Michael Capleone



bottom of page