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Questions Answered by Bryan S. Brinyark
1 Answer | Asked in Divorce for Alabama on
Q: If I create a separate bank account for my SS with only my name on the account will my spouse get after divorce
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

It depends. If the money you put in the account was martial property, the court could divide or award it to your spouse. Marital property is any property that was regularly used for the common benefit of the marriage. Contact a local attorney to assist you in your divorce.

1 Answer | Asked in Divorce for Alabama on
Q: My husband filed divorce papers and has been keeping our child away from me what can I do?
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

If you have been served with the papers, check to see if the Judge has acutally issued an ex parte custody order. if so, contact your attorney and file an answer and counterclaim seeking custody. The judge will set a hearing within a couple of weeks to determine which of you should have temporary... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: If I am not able to pay for the divorce can my spouse be required to pay the fee
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

It depends. Attorney's fees are awarded in the nature of alimony. So if you meet the criteria for alimony, yes the court could. It varies greatly between judges but it is possible. Contact an attorney in your county for a better idea of what to expect.

1 Answer | Asked in Divorce for Alabama on
Q: What are the grounds for divorce if your husband had a child out of adultery?
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

Alabama has several fault grounds but is also a "no fault" state. You could file for divorce on the grounds of Adultry. However, in my experience, even when proven, the courts usually grant the divorce on the no fault ground of incompatability. It depends on your judge. Contact a local... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: If divorces are public records how do you find them?
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

They are pulic record and can be found in your county courthouse. Go to the Domestic Relations desk of your Circuit Court Clerk's office and ask to see the file. Most clerks will be glad to assist you.

1 Answer | Asked in Divorce for Alabama on
Q: Divorce2008.ex awarded home.She is not paying the payment on time;destroyed my credit.she won't refi.what are my option?
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

If she was Ordered to pay and has not, you can file for contempt. If the court finds that she had the ability but chose not to follow the Order, she could be found in contempt and ordered to pay a fine, attorney fees, and/ or be put in jail. Contact a local attorney for help.

4 Answers | Asked in Divorce for Alabama on
Q: Do I loose the right to receive alimony if I go to work do to abandonment from my husband.
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

It depends...In Alabama,alimony is based on several factors such as length of marriage, fault leading to the breakdown of the marriage, education, employment history, income, health, need and ability to pay. So, if you have been married for 10 years or so, and you have been dependant on your... Read more »

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2 Answers | Asked in Divorce for Alabama on
Q: Can I ask for a extention of the Alimony payments since it will take longer to graduate College and be able to findjob?
Bryan S. Brinyark
Bryan S. Brinyark answered on Nov 6, 2013

In Alabama, alimony IS modifiable upon a showing of a "material change in circumstances". The fact that your education took longer could possibly be a material change if it was not your fault for taking longer. It sometimes can depend greatly on the Judge you have in your county. It... Read more »

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