Alabama Divorce Blog

Grounds for Divorce

2009-03-26T13:03:00.004-05:00

What are the legal grounds for obtaining a divorce in Alabama?

Grounds for divorce are considered fault or no-fault. Fault grounds for divorce may include adultery, abandonment, habitual drunkenness, cruelty, and use of addictive drugs.

A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common grounds for a no-fault divorce are "irreconcilable differences, "irretrievable breakdown," or "incompatibility."

It is a general rule that divorces that allege fault grounds will proceed to trial, and that no-fault divorces are uncontested divorces.

Name Change After Marriage

2009-03-25T16:59:00.002-05:00

I would like to keep my first husband's last name, even though we are divorced and I have remarried. Am I required to take my new husband's last name?

No, you are not required to take your new husband's last name. You may keep your first husband's last name if that is the name you have been using.

What Information Do You Need?

2008-01-30T10:54:00.000-06:00

The information I generally need on an uncontested divorce is as follows:

* Husband and wife's full names, addresses, phone numbers, dates of birth and Social Security numbers. I need to know their race and education level (this is required by the State.) I also need the place where they work, work addresses and work phone numbers.

* Whether the parties have ever been married before, and if so, how did that prior marriage end (death, divorce, annulment.)

* The wife's maiden name.

* The date and place (city and county) of the marriage.

* Whether the wife is currently pregnant.

* How the parties intend to divide their property and debts. In an uncontested divorce, most couples simply state that "we have already divided our assets and debts." However, some couples want their asset and debt division to be included in the divorce paperwork.

* If there are any children of the marriage, there are a number of questions that must be answered. Please contact my office for details.

Can Grandparents Get Custody in a Divorce?

2007-09-02T09:57:00.001-05:00

My son and daughter-in-law are getting divorced, and neither one of them is fit to be a parent to their infant child. Can I talk to the judge and see if my husband and I can get custody?

You need to hire a lawyer and file to intervene in the divorce on the grounds that both parents are unfit and that their unsuitability for parenthood has overcome their prima facie right to custody. You will also need to allege that you and your husband are fit and proper persons to have custody of the child. If the parents do not consent to your having custody, be prepared for a trial.

Every Month It's a Little Off

2007-09-02T09:52:00.001-05:00

If the divorce decree orders child support of $275 be paid and only $253 is received (consistently for years) where does the other $22 per month go? Does the recipient lose that $22?

The $22 underpayment would not be lost by the custodial parent, but would accumulate in arrearage at the rate of 12% simple interest each year. If, however, the child support is being paid pursuant to the non-custodial parent's employer's wage payment schedule (for example, a bi-weekly payment of $126), you would look at the total amount paid over the year to see if the $275/month amount was being met.

Which Parent Rules?

2007-08-04T09:41:00.000-05:00

My ex wants our son to go to private school, but I want him to go to public school. Who decides?

If both parents have joint legal custody, then they should consult each other on matters of major importance, such as which school the child should attend. But the parent that has primary physical custody is the one who has the final say.

Cost of Divorce

2007-08-04T09:19:00.003-05:00

I want a divorce, but every lawyer I call wants more money than I can afford.

Divorce is a legal proceeding, so there are certain requirements that must be adhered to - such as pleading, service of process, and notice. Filing fees must also be paid. However, we work with our clients to obtain the best quality representation at the lowest possible price. Many of our clients choose our no-interest payment plans to finance their case. We will work with you on your particular need. If you need to get your life back in order and need a divorce, we can help.

Age of Majority

2007-08-04T09:09:00.001-05:00

How old do I have to be before I can move out of my parents' house without their permission?

The age of majority in Alabama is 19. Child support also ends at age 19, unless there has been a prior court order extending it beyond that age.

Waiting Period for Remarriage

2007-07-29T19:20:00.000-05:00

I am recently divorced. How long do I have to wait to marry my girlfriend?

Under Alabame law, you must wait 60 days after the decree is final. If your ex-spouse appeals the divorce decree, you must wait until the court has ruled on the appeal. All these rules are out the window, however, if your girlfriend is the same person as your ex-wife, because there is no waiting period to remarry an ex-spouse.

What is a Filing Fee?

2007-07-29T18:48:00.002-05:00

A filing fee is what the county charges to file your case in their county. Usually when a lawyer quotes a price, it is quoted without the filing fee. That's because the filing fee is a fixed price, and does not go to the lawyer, but goes to the county. Different counties charge different filing fees. I usually quote a filing fee of $160, because that is approximately what the surrounding counties charge for an uncontested divorce.

Divorce by Default

2007-07-24T21:00:00.000-05:00

My ex is trying to serve me with divorce papers, but he sent them to the wrong place. Now, he won't respond to me at all. I don't want this. Can he go to court without me, if he fails to serve me the papers and win this on default?

Yes.

There are Different Types of Custody

2007-07-24T17:46:00.000-05:00

My daughter is 16 and I share joint custody with her father. She lives with him, but wants to live with me. Can she do so without her father granting permission?

You need to examine the wording of your divorce decree. You may need to consult a lawyer, as sometimes the terminology used to describe different types of custody is not self-explanatory. At a minimum, I would not take it upon myself to move the child unless you had physical custody or the father agreed.

Testifying Witness in a Divorce Trial

2007-07-24T17:31:00.000-05:00

I am possibly being asked to testify in a divorce trial out of state. I have no information to offer. If I receive a subpoena, am I required to appear, or may I be deposed at home prior to the trial?

I would examine the subpoena to see who sent it, and then contact that lawyer and tell him/her that you have nothing to offer. He might just release you. If he still insists that you be there, ask that you be placed on call.

Anger at Spouse

2007-07-21T02:44:00.000-05:00

Sometimes I get so mad at my spouse, I just can't control myself. We are going through a divorce but still living in the same house because we can't afford two households right now. The kids are really being affected by this, and so is my job.

You need to be very careful and control your anger at this critical time. If you get charged with domestic violence in Alabama and are found guilty, there's a presumption that you are unfit as the custodial parent. Some spouses know about this, and goad the other spouse to anger.

Dating During Marriage

2007-07-21T02:38:00.000-05:00

Can I date before the divorce is final?

It is my opinion that it is usually error to begin dating someone else before the divorce is final. There's a name for that, and it's called adultery.

Baby's Name at Birth

2007-07-21T02:28:00.001-05:00

I am expecting a child in November. The baby's father is trying to force me into giving him his last name. We were never married. Do I have to give the baby his father's last name?

The pertinent authority is the Alabama Dept. of Public Health Reg. 420-7-1-.12 "Child's Name On A Birth Certificate," which states, "The parents/mother may give a child any name they wish and this name should be entered on the birth certificate. One parent must sign the birth certificate indicating the information given is correct." You need to make it very clear to the nurses at the hospital that you, and only you, are to be consulted regarding the child's name.

How To Spend Your Child Support

2007-07-15T19:23:00.000-05:00

I have been divorced one year. My ex-husband is constantly on my case about the way I spend the child support money. Now he wants me to give him an itemization of what I am using the child support money for. Do I have to do that?

No. You as the custodial parent have the discretion to use the child support money however you see fit, for the benefit of the child. This could include food, insurance, utilities, rent/mortgage, car payments, tap dancing lessons, clothing, upkeep on your home, pet food, your health insurance, vacations, etc. The list encompasses just about anything you spend your money on - because all those things ultimately benefit the child. About the only thing that you should not use child support money on would be to engage in illegal activities, such as using it for cocaine or marijuana purchases, illegal pornography, illegal betting, and the like. Those kinds of things do not run for the benefit of the child - or for yourself, for that matter.

Can I Move?

2007-07-15T14:18:00.000-05:00

The father of my child and I were never married. The father's name is on the birth certificate and he does pay me child support. I want to move out-of-state. Do I have to go to court to get custody?

No. You already have custody and there is no need to go to court. If you want to move, go ahead and do so.

Teenage Dating

2007-07-09T12:22:00.005-05:00

"Is it legal for a 16 year old boy to date a 14 year old girl in alabama?"

"Yes, just don't have sex with her. That's considered statutory rape, which is a felony. You also could be subject to the Community Notification Act, which means that wherever you live for the rest of your life, your neighbors would be notified that you were a sex offender."

Legal Aid Help With Divorce

2007-07-05T10:40:00.000-05:00

"I have been separated for 8 years, and I'm on disability. Can legal aid help me with a divorce?"

"It has been my experience that Legal Services will only provide divorces for individuals who have been victims of domestic violence. My office can assist you with a low-cost divorce."

Child Wants to Attend School Where Non-Custodial Parent Lives

2007-07-05T10:03:00.000-05:00

"My son, age 16, wants to live with his Father so that he can attend a better school. The school he wants to attend says that because I have full custody, my son will have to attend the school where I live. What are my son's rights? Do I have to give up full custody so that my son can live with his dad and attend another school?"

"No, you can agree to temporary custody. It is a fairly simple and straightforward procedure."

Independence Day

2007-07-04T20:38:00.000-05:00

How appropriate that I was asked this question today, July 4:

"As a 16 year old mother, what legal rights do i have as to where I live?"

My answer:

"If you are concerned about having your own place to live, you could petition the court to become legally emancipated. However, if you are a teen and your parents are providing you a place to live, my advice would be to graciously accept their invitation. Being out on your own as a single parent is tough, no matter what your age is."

Common Law Marriage and Divorce

2007-07-03T20:51:00.000-05:00

"A friend of mine has been living with a woman for about 2 years. The relationship has soured and he wants to leave. He is afraid he will have to go through a contested divorce and she will be able to get property they acquired while they were together. I told him since they are not married that I don't think he will have to give her anything. Am I correct?"

"Alabama does recognize common law marriage, but there is no such thing as common law divorce. If they considered themselves married, then they must go through legal divorce proceedings in the event they want to separate and divide their property. Even though they must go through the divorce process, they can still agree among themselves as to the division of property. If they do this, the divorce is uncontested and does not have to go to court."

Going Overseas?

2007-07-03T16:04:00.000-05:00

I seem to have a spate of clients lately who are military stationed overseas and need to make provisions for their stateside children. I can help, whether divorce is involved or not. Contact my office at (334) 677-1529.

Welcome to my Blog!

2007-06-29T14:28:00.001-05:00

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Please note that this blog is not intended as offering legal advice and does not form an attorney-client relationship.