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Questions Answered by Richard Carl Perry Jr.
1 Answer | Asked in Divorce for Alabama on
Q: Does he have the rt to file divorce papers if we never married legally? Lived together 6 months.
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jul 2, 2013

First, what do you mean by "never marrying legally?" If the marriage was not legal, then you may consider an annulment. An annulment is when a marriage is void from the onset. However, if the marriage was void from the onset, he could always file for a divorce based on common law... View More

1 Answer | Asked in Divorce for Alabama on
Q: Is it better to obtain a divorce in Florida or Alabama?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jul 2, 2013

In order to get a divorce in Alabama, you must first meet residency requirements. Of course, I am sure this is the same in Florida. In Alabama when you file a complaint for divorce, you will state that you have been a resident of the State of Alabama for six months immediately preceding the... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: When can you be chard whit Obstructing governmental operations
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Yes, this is validly a charge. Of course, this can include something as simple as flashing your lights at oncoming traffic to warn that a police has set up a speed trap in the area. If you would like to try to have this charge taken care of so that it does not show up on your record, feel free to... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My brother in law has been in jail for almost a year on drug charges his lawyer waved his pointed trail with out him can

My brother in law has been in jail for almost a year his lawyer well not tell us nothing she waved his ple trial and well not go see him what can we do to help him she well not even ask for a bond reduction does she have the right to do this with out him knowing please help

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Your brother-in-law's attorney should be doing everything to advocate in his best interest. This would include going to see him in jail, if necessary, as well as filing motions in order to get him out of jail - such as motions to reduce bond or to ask for a bond hearing. Feel free to give me... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: Can i get a misdemeanor expunged for a 3rd degree assault that happened 10 yrs ago?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

No. In most cases not. Alabama does not have an expungement statute. However, if you were a juvenile at the time, you may be able to have the record sealed or destroyed. Give me a call to discuss your legal options. There may be other alternatives that could be considered.

1 Answer | Asked in Criminal Law for Alabama on
Q: What to do when I receive a Summons To Appear on a charge of Criminal Littering
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

If you were properly served, you would want to appear in court. If not, a warrant can be put out for your arrest. Are you the defendant or a witness. If you are the defendant, you would most likely want to hire an attorney to represent you. I have actually handled criminal littering cases... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: How can I chang a case action summary from consecutive to run concurrent with other cases? mistake by lawyer.
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

How long has it been since the Order was finalized? You would want to contact an attorney as soon as possible in order to correct the mistake. This could be a big deal -- consecutive vs. concurrent -- should you have to end up serving the sentence. Feel free to give me a call to discuss your... View More

1 Answer | Asked in Municipal Law for Alabama on
Q: Does my neighbor have a legitimate case against me?

My neighbor complains that grass clippings and debris go through the slats of the wooden fence that separates our yard when the grass is cut. Are these grass clippings and debris considered to be trespassing or assault in Alabama? Can my neighbor legitimately file charges or sue me? I think... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Technically -- legally -- I guess this could be considered trespassing. Could your neighbor press charges against you? Sure. In today's society, we can sue anybody. Will the charges stick? That is the fifty million dollar question. It is going to depend on how bad the prosecutor wants to... View More

1 Answer | Asked in Divorce for Alabama on
Q: Can I and my two children move out if the family home while the divorce is being processed?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Have you filed for your divorce yet? If not, I would advise to contact an attorney to get the paperwork started so that your spouse may not have an idea of what you are planning and beat you to the punch. If there is any type of abuse, you could file a complaint for a divorce and then file an ex... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: What proof do you have to have to issue a warrant for second degree theft of property?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

To obtain a warrant, you would go to the magistrate in the city/county you live and file a complaint. At that point, the city/county would take care of everything.

1 Answer | Asked in Juvenile Law for Alabama on
Q: If a 15 year old gets pregnant by a 17 year old, but he turns 18 a month later, can he go to jail?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Most definitely. In Alabama, if an individual who is 16 or older has sex with an individual who is less than 16, this is statutory rape. In this instance, one would only have to contact either the sheriff's department, DHR, or even the District Attorney's office in the county which you... View More

1 Answer | Asked in Divorce for Alabama on
Q: Is common law marriage recognized in the state of alabama?

I was never married to this person but I am actually married now with another person. if common law was recognized wouldn't it show up in the system when i got married to my current husband? before I married my husband I had a divorce decree drawn up to be signed and we did but it was filed... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Common law marriages ARE recognized in the State of Alabama. However, because there is no actual ceremony one would go through to be "common law married," there is no record of the marriage. In order to establish a common law marriage, you would actually have to file a complaint with... View More

1 Answer | Asked in Divorce for Alabama on
Q: What can I do when my ex wife will not let me see my kids, even though it is on the divorce papers?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

If you have been awarded visitation with your children and your ex-wife has not taken steps to modify the order, it is quite possible your she is in contempt. You may file a petition asking the court to hold her in contempt and subsequently ask the court to enforce the terms of visitation. Of... View More

1 Answer | Asked in Family Law for Alabama on
Q: Me and my ex have joint custody with her having phyical custody, court papers say she cant take him out of state 2 weekT
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 29, 2013

Your question is a bit confusing. I do not believe it came through completely so I am going to make some assumptions in hopes to fill in the blanks. I always advise my clients to "do what the court papers say." If the papers advise that your ex is not allowed to take the children out... View More

1 Answer | Asked in Family Law for Alabama on
Q: In Alabama, at what age can a female legally move out of her current dwelling?

Note:The females current living conditions are terrible, the place she is going is all she wants, and the last thing she wants is to be sent back to a home for girls. Thankyou

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

In Alabama, the age of majority is 19. If you are in an abusive relationship, you should contact the police or speak to a teacher. They can get in touch with DHR who can help get you out of an abusive situation if there is one that exists.

1 Answer | Asked in Family Law for Alabama on
Q: IF a preacher that married us at our wedding was actually not a preacher, and we now must get remarried, do I have case?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You could definitely bring criminal charges against him for impersonating a clergyman. Of course, you could also file a civil lawsuit against him. However, you are going to have to prove damages. This is normally a dollar amount that you can come up with as a result of the damages you incurred.

1 Answer | Asked in Family Law for Alabama on
Q: In a child custody case can you subpeona hospital records? Other parent tried to kill themself. State of Alabama
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You can file a subpoena for anything. Of course, the opposing party may file a motion to quash and then you have to go to court and argue why you need what it is you are seeking to subpoena. Feel free to give me a call to discuss your case.

1 Answer | Asked in Family Law for Alabama on
Q: What specific form do I need to file for contempt if my ex-husband has not paid "further property settlement" as ordered
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You have to file a Petition for Rule NISI. Feel free to give me a call should you need any further legal assistance. I would be happy to help.

1 Answer | Asked in Family Law for Alabama on
Q: What can happen if a fifteen year old girl dates an eighteen year old boy?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You can always file for a restraining order and make him stay away. If he is only dating her, that is about all you can do. If, however, they are having sex, you can have him arrested for statutory rape.

1 Answer | Asked in Family Law for Alabama on
Q: My kids father is to pay child support and he is $60,000 behind in supoort can I sue him eventhough he has filed bankrup
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Definitely. He is still obligated to pay child support. Even though he files bankruptcy, the needs of his child continue.

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