Lawyers, Answer Questions  & Get Points Log In
Alabama Divorce Questions & Answers
0 Answers | Asked in Divorce for Alabama on
Q: We signed a prenup the day after we were legally married. Is it valid? Will it hold up in court?

My husband pressed me to sign a prenuptial agreement that I did not want. He told me that he would not marry me unless I signed it. On Tuesday, 9/26/23, he told me that we were meeting with his attorney on Friday, 9/29/23 to sign it. His attorney even "arranged" an attorney for me... View More

0 Answers | Asked in Divorce for Alabama on
Q: My husband filed for divorce in Virginia and I live in Alabama. I need to file a response in less than a week

I need to ask for spousal support and don’t agree with the time he says we were separated. I moved here from Italy to marry him and now I’m stuck. We have no kids and no shared property. I haven’t worked because he was supposed to help me get my documents to become a citizen. I have a case... View More

0 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Alabama on
Q: I have a restraining order against my ex husband but we have sharing custody. He supposed to send a 3rd party to exchang

He supposed to send a 3rd party to exchange the kids with me but he is showing up to pick up and drop off the kids. I called the police, they said there is nothing they can do if he doesn't show any sign of violence. He also block me to talk to the kids when they are with him on their phones.... View More

0 Answers | Asked in Divorce for Alabama on
Q: Is there a maximum of alimony that a spouse can receive in Alabama?

I was told that a spouse could ONLY receive a maximum of 15% of the net income of the paying spouse. I was also told that Alabama courts do NOT consider the needs of the receiving spouse such as what are the monthly bills they will need to take, are they retired, and significantly younger than the... View More

0 Answers | Asked in Child Support and Divorce for Alabama on
Q: I have custody of my two grandchildren. I have had custody for three years. Both of their parents started using drugs.

Neither parent came to court for custody hearing. And now they are getting divorced. How will this affect my custody of grandchildren. And will they have that in the parents divorce case

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

Prenup says he will pay housing for us for 3 years if divorced, but refuses and we are now homeless. Final judgment says nothing of prenup .

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 14, 2023

The scenario you presents does not make any sense. If you had an executed prenup it should have most certainly been introduced and been part of any divorce. There are some facts and circumstances missing from what you are saying. I would suggest you consult with an attorney (possibly the... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in Divorce for Alabama on
Q: How do I get a fast a cheap divorce

We have no children or assets

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

If you and your spouse have no children or assets, you can get a fast and cheap divorce in Alabama through a process called an uncontested divorce. This means that you and your spouse agree on all of the terms of the divorce, including the division of property, alimony, and child support.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband and I have separated for years now .he abandoned me and our kids.Can i sue him for abandonment and alimony
Don Oliver Keene
Don Oliver Keene
answered on Nov 17, 2023

It depends. You can always file for divorce and seek alimony and child support it really just depends on the details of your case whether or not you will actually get it. There are a lot of factors that go into determining these situations. You should absolutely seek a local family law attorney to... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Divorce for Alabama on
Q: What is the statue of limitations in Alabama to file a lawsuit against your ex-husband for slandering my character?

How do I begin the process? I am in Alabama!

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

In Alabama, the statute of limitations for defamation is generally two years from the date the statement was made. To begin the process, typically you would start by filing a complaint in the appropriate court.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: While pay alimony will my new wife be at risk if ex takes me back to court for + alimony? Divorced in CO now in live AL
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the... View More

1 Answer | Asked in Divorce for Alabama on
Q: In the case of an emotional abusive vulnerable narcissist wife of 30 years, will I have to pay her alimony?

Disguised as anxiety and depression, my wife has finally shown her true colors as a vulnerable narcissist, admitting that she threatened suicide and even asked me to help her commit suicide because she is a drama queen and just did it for attention. Claims her anxiety and depression prevents her... View More

Michael E. Underwood
PREMIUM
Michael E. Underwood
answered on Jul 20, 2023

**I am a New York Attorney - so my answer only applies to laws in New York.

New York is a "no fault" state. As such, absent "shocking the conscious" claims, maintenance is determined by parties' income and a percentage of length of marriage. In other words, most of...
View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Alabama on
Q: My husband and I are getting divorced.Own home with renters who have lease.Does lease stand before we have to sell?

Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More

1 Answer | Asked in Divorce for Alabama on
Q: I got a divorce and on my divorce Decree do it have to say restored marriage name Christopher case my last name worng

I got a divorce and the lawyer put my worng last name do he have to fix my divorce Decree put it say restored back to her marriage name case the lawyer said it do not matter won't on the divorce decree my last name still my marriage last name christopher he got my worng last name do my divorce... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 9, 2023

Simple. File a motion Nunc Pro Truc (This for That) to correct the name

1 Answer | Asked in Divorce and Constitutional Law for Alabama on
Q: Do You have the right to be present in divorce court in Alabama
Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: What would the legal ramifications be if a vehicle is repossessed after a divorce decree?

What would the legal ramifications be if a vehicle is repossessed after a divorce decree? In the decree, I was responsible for paying the loan (in my. name) for her 4-Runner. I've had job changes and am making less money now. I am currently 2 payments behind and not sure I will be able to... View More

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. Without knowing if you had a trial or reached settlement prior to trial, you may be subject to a Contempt action, modification of other provisions in the Agreement or Decree, and paying court costs/ her attorney fees.

1 Answer | Asked in Divorce for Alabama on
Q: Can you get a copy of your ex’s discovery from your first divorce, if you are seeking a divorce amendment?

He employs still the same lawyer that represented him in the divorce, and we are about to enter a lawsuit and Family Court

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. If you sent him Discovery in your divorce, then you and your attorney in that matter would have received his answers so no need to ask his attorney to reproduce items you received. Best of luck in your next case.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
View More

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: NCP owes me roughly 36 thousand in arrears. He has been making his monthly payment as ordered but I would like to know

If I can collect on some of the delinquent monies owed. If so what do I need to file? Also I dont feel DHR is really on my side. NCP is lying about his income I have shown them where he has spent 70 thousand dollars in 2 years buying property but only claims 18 thousand a year.

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

You can file a petition to modify support to include an additional amount for arrears. There is a "do it yourself" petition available from the Alabama Office of Administrative Courts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.