Bessemer, AL asked in Criminal Law for Alabama

Q: Thank you Mr.McKerall. Do I need to have my answer notarized? Should I have the charge before the answer in my reply?

She also wants me to pay her attorney and court costs. I can't even afford my own attorney. I would like to petition against that and also petition to lower my alimony and put an end date to. So how do I go about petitioning the court?

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1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: You do not need to have your answer notarized. You do not need to repeat your ex's charges in your answer, but you do need to refer to them. For example, begin each paraqraph of your answer with this phrase - "For answer to the 1st, 2nd, 3rd, etc, paragraph of the petition, the respondent says as follows" And then state your response to that paragraph.

With respect to asking for your own relief, such as a reduction in alimony and an alimony termination date, that is called a counterclaim. Counterclaims are governed by Rule 13 of the Alabama Rules of Civil Procedure. Be sure you follow the provisions of that rule. Rule 13 doesn't warn you about the following, but another rule is that is applicable to counterclaims in Rule Nisi cases is that in order to qualify for a change in the original decree, you must allege in your counterclaim and then prove to the court at trial that a material change in circumstances has occurred since the initial decree in the case sufficient to justify changing whatever you are asking to be changed. The meaning of "material change" is more or less similar to the meaning of "substantial change".

You should place your counterclaim after the answer. You should title the whole thing as "Answer and Counterclaim" and then title each section as "answer" or "counterclaim". Include a claim for relief, telling the judge what you want him or her to do, after you state the facts and requests in your counterclaim. The Clerk is going to charge you a fee for filing the counterclaim. I don't know what that is in your county, so call the clerk and ask for the domestic relations section and ask them.

The judge will assess the court costs either against you, against your ex, or he or she may say that each party shall bear his or her own costs. The same goes for requests for attorney fees. Any party who annoys the judge ups his or her chances of getting hit with the costs and fees.

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