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Questions Answered by Richard Carl Perry Jr.
1 Answer | Asked in Divorce for Alabama on
Q: My husband & I have been estranged for 16 yrs;he lives in another state-how can I find out if he has gotten a divorce?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

If you could call him, of course, that would be the easiest way. Do you think he would have gotten a divorce in Alabama or in the state he is now living in? I cannot imagine him having gotten a divorce without you knowing about it. It seems the Court would have given you notice. However, you... View More

1 Answer | Asked in Divorce for Alabama on
Q: Husband filed for divorce had me served,by law can i date before it becomes final without it affectin my case?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You should be able to date without it affecting your case. However, you should only date and not move in with someone - especially if there are children involved. This could affect the outcome of your case with regards to property -- if your spouse has alleged infidelity -- and it could also... View More

1 Answer | Asked in Divorce for Alabama on
Q: If divorce papers have been filed & waiting on judge signature can either parent prevent the minor child from visitation
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You likely signed a settlement agreement which would be incorporated into the final judgment of divorce. This signed settlement agreement contractually obligates you to the terms of the agreement. If either party tries to go back on the terms of the agreement, the other party can ask that the... View More

1 Answer | Asked in Divorce for Alabama on
Q: I was married for 10 1/2 years to an enlisted Navy man who became a commissioned officer during our marriage

After being commissioned he asked me for a divorce and remarried shortly afterward.

Am I entitled to his retirement benefits if they were not specified in the divorce decree?

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

It will depend on how your settlement agreement is worded. If there was a reservation made for military retirement benefits, or, if the settlement is silent regarding the military retirement benefits, then you may be likely to get these payments. Of course, if there is a need for you to get these... View More

1 Answer | Asked in Divorce for Alabama on
Q: French citizen married US citizen on tourist visa, papers not filed as promised, what procedures for annul or divorce?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Of course, it sounds as if your matter deals with more than just a domestic matter because of the immigration concerns. In order to get an annulment in the State of Alabama, the marriage has to be voidable to begin with. An example of this is that if one of the individuals were still married when... View More

1 Answer | Asked in Divorce for Alabama on
Q: What forms are needed to file for a Divorce in alabama and how do I get them?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

In order to file for a divorce in Alabama, you only need to file a complaint. However, there are several other forms that will have to be filed, too, such as child support forms -- even if there are no children born of the marriage. I am unaware of anywhere that you can just go get divorce... View More

1 Answer | Asked in Divorce for Alabama on
Q: In Alabama, if a legal separation is ordered including an order for alimony, can the court order a garnishment on SSD?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

Typically, SSD payments cannot be garnished. However, if there are any other assets involved, you may be able to have the court convert those assets to you in order for you to receive the monies to which you are entitled. Feel free to give me a call to discuss your case.

1 Answer | Asked in Divorce for Alabama on
Q: My wife is in jail for a sex crime involving a minor. Can I divorce her while she is incarcerated?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

You can file for a divorce at any time after getting married. Even though you do not have to have fault in Alabama in order to get a divorce, you can divorce someone because of their being incarcerated. If you have not yet hired an attorney, feel free to give me a call to discuss your options.

1 Answer | Asked in Divorce for Alabama on
Q: Can a trial judge to take longer than 16 weeks to decide a divorce modification and fees? Is there a time limit?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

I am not aware of a time limit a judge has in giving an order. I have seen some judges take several months before giving his order. Of course, the lawyer can sometimes file a motion for the judge to grant an order, however, I would be hesitant in doing this because you do not want the judge to... View More

1 Answer | Asked in Divorce for Alabama on
Q: I am on disability and I need a simple divorce. Is there help with cost for me in Alabama
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 9, 2013

If it is an uncontested divorce, there are many firms that are handling these types of cases at low, flat fee costs. Of course, you are responsible for the filing fee, but at least you know how much you are looking at paying before you sign up. Some firms will even allow you to make payment... View More

1 Answer | Asked in Child Custody for Alabama on
Q: My daughter father has physical custody and is going to move to Portland,Or...how can I stop this and how long do I have?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

There should be a relocation statute in the papers that states he has to give you notice by certified mail prior to moving. You should contact an attorney immediately in order to prevent him from moving. I would be happy to help you with your case. Feel free to give me a call.

1 Answer | Asked in Divorce for Alabama on
Q: How long is it taking to get an uncontested divorce in montgomery al
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

This will depend on whether the Court is back logged. Typically, once all of the necessary papers are filed and you are only waiting on an Order, you can look for it to take about 4 to 6 weeks. If it goes much longer than this, you may want to contact your attorney if you have one OR give the... View More

1 Answer | Asked in Divorce for Alabama on
Q: If a guardian ad litem was appointed to my child in a divorce hearing, and I did not want one, who pays?

My 2 yr old child was appointed a guardian ad litem in a divorce hearing. This was not at my request and I was told it would cost approx. 75.00. the appointed guardian ad litem has now billed me for 9 1/2 hours @ 200.00 per hour. My child is almost 3 now. Who pays this? I did not want this,... View More

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

Typically, the court will order both parties to split the fee of the guardian ad litem 50-50. It does not really matter if you wanted a GAL or not, if the Court orders it, you are kind of stuck with it. Of course, if you do not have the money to pay all of the expenses at one time, just contact... View More

1 Answer | Asked in Divorce for Alabama on
Q: Is it Alabama law that if car was purchased jointly during marriage only one spouse has to be notified of intent to sell

If car was repoed after their divorce

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

How was the car titled? If it is John Smith OR Jane Smith, either of you can sell the car. However, if it is John Smith AND Jane Smith, it should require both of you to sell it.

1 Answer | Asked in Divorce for Alabama on
Q: I got married in another state thinking my divorce was final, but it turns out it wasn't for a couple weeks later

Is this a big deal?

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

Yes. If you were married at the time you entered into a new marriage, this could be grounds for an annulment. You could also possibly face criminal charges such as bigamy. If you were divorced in Alabama, the order would have directed that you could not marry another individual other than the... View More

1 Answer | Asked in Divorce for Alabama on
Q: Does the woman have to change her married last name after the divorce is final?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

No. If the woman chooses to keep her married name, she can do that. The option is hers.

1 Answer | Asked in Divorce for Alabama on
Q: How can I find a free legal aid attorney to get a divorce in the Springville, Alabama area?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

You could contact your local county Bar, or you could contact the Alabama State Bar and speak to someone about legal aid. They will likely refer you to someone.

1 Answer | Asked in Divorce for Alabama on
Q: My H wants to file uncontested Divorce papers. I don't agree w Divorce.He lives in AL, I live in FL? What can I do?

My spouse & I are currently seperated. I dont desire a divorce at all. He currently resides with his mistress. If he files, do I have to get legal representation? Or can I do it with out a lawyer?

Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

In order for there to be an uncontested divorce, you BOTH have to agree on the terms of the agreement. If you do not sign the papers, there will be no divorce order. The only other possibility then is to file a complaint for a contested divorce. How long have you lived in FL? In order for the... View More

1 Answer | Asked in Divorce for Alabama on
Q: We reside in Alabama, if husband has lawsuit pending in GA, am I entitled to half of settlement?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

If the money becomes marital property, you may be entitled to half. Even though there are several things to consider, there is always a property settlement involved in a divorce. Of course, if your husband has money that will eventually be coming his way and if it is used by the both of you to... View More

1 Answer | Asked in Divorce for Alabama on
Q: If my husband makes $100,000 a year and I am making $10,000 on disability..can I get rehabilitative alimony in Alabama ?
Richard Carl Perry Jr.
Richard Carl Perry Jr.
answered on Jun 8, 2013

Before a court will award alimony, there are several factors to consider. One -- how long were you married? Two -- is there a need for the alimony? There are others, but these are two of the most important. Because of the large difference in income, you may be able to be awarded periodic... View More

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