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.
Thursday, March 26, 2009
Wednesday, March 25, 2009
Name Change After Marriage
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.
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.
Wednesday, January 30, 2008
What Information Do You Need?
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.
* 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.
Sunday, September 2, 2007
Can Grandparents Get Custody in a Divorce?
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.
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
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.
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.
Saturday, August 4, 2007
Which Parent Rules?
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.
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
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.
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.
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