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Alabama Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law, Domestic Violence and Landlord - Tenant for Alabama on
Q: Officers told me to leave my house after I was gone for 3 weeks. They told me that it now is considered my husband's.

My husband was recently convicted of molesting his 9 year old daughter and is now a registered offender of a minor. I left with our child because he refused to leave and I did not want to be around him. I been communicating with him about my belongings frequently. We agree to a time to meet so I... Read more »

0 Answers | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Can I stop my child from being around someone who is friends with my ex?

My ex husband cheated on me with a friend of his multiple times and when we divorced I told him I was not comfortable with my child being around the friend. Is there anyway I can stop him from allowing my child to be around this woman.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what does this case mean? DR-2009-900-405.01
Jared Dale Vaughn
Jared Dale Vaughn
answered on May 26, 2022

You'd additionally need the county , but this is a case number.

0 Answers | Asked in Divorce, Insurance Bad Faith, Insurance Defense and Family Law for Alabama on
Q: Husband divorced ex wife 2013. Passed 2020. Life insurance was paid to former spouse. Does this fall under 30-4-17, Ala

Policy taken out before divorce from former spouse. Former spouse received insurance payout although deceased remarried to me. Divorced 2012, deceased and I began relationship 2013, he passed 2020. He and I share 3 young children ages 7 and under. Previous marriage occurred one child who is in 20s.... Read more »

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Should I file a missing person report and put up fliers around town on behalf my 10 yr son?

I have a pending petition for visitation of my 9 year old son in Jefferson Co. We first served his mother at a known address. After she responded once, the letters are now being returned to the post office. His mother has refused to disclose her new address to family court and the Honorable judge... Read more »

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Divorced Child support/family court:

I'm divorced and my decree states we both agreed no child support we have joint custody of said child. I get my child 50% of the time every week. I pay for health insurance, I pay rent etc. where I live, I put food on the table, my child has their own room and bathroom, I buy my child's... Read more »

0 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: if you agree on not having a custody agreement is it mandatory in divorce ?

Me and my wife are getting a divorce but we will handle everything with our son on our own , is it mandatory to have it in the divorce decree ?

3 Answers | Asked in Divorce, Real Estate Law and Tax Law for Alabama on
Q: I am divorced and even though my ex-wife got the house, why are issues with the house still affecting me?

This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... Read more »

Kristine Jones
Kristine Jones
answered on Feb 25, 2022

Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere... Read more »

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1 Answer | Asked in Divorce for Alabama on
Q: Does the final divorce decree usually list the actual income of the defendant?
Kristine Jones
Kristine Jones
answered on Feb 24, 2022

Hello. No, divorce decrees are public records. They do not contain personal information like income, credit card numbers, or anything financial. Money/amounts owed would be the only thing listed in a decree. Thanks for your question.

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: I have NO access to any money. My husband works fulltime and now wants a divorce how would I go about getting legal help

My husband and I have been married ten years and together 13. He is now wanting A divorce. We have A new 10 month old son and A 14 year old son( not his biological but he has been his dad since he was 2) I am A homemaker and he works fulltime. I have NO access to any of our money and I don't... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: Does child support for 2 children suddenly drop in half when one child turns 19?

My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... Read more »

Kristine Jones
Kristine Jones
answered on Feb 16, 2022

Thank you for your question. No, that is not how child support is calculated. It should have been recalculated according to Rule 32 guidelines. A modification to recalculate should be filed to address the remaining child and enter an IWO so the arbitrary reduction in payments do not happen again.... Read more »

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0 Answers | Asked in Divorce for Alabama on
Q: In 2017I pd. $50 for attorney consult but choose different lawyer in mystill ongoing divorce

My husband filed and still is refusing to sign papers dropped his lawyer (in 2022) and is now using to one I consulted with is that not a conflict of interest regardless of time past as long as it is the exact same case? I mean I disclosed to her all the information I had to dispute what he was... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... Read more »

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... Read more »

Shane Michael Oncale
PREMIUM
Shane Michael Oncale
answered on Nov 1, 2021

There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
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1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to some type of contributions that I made towards his home that we lived in without my name on the deed?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You would likely be entitled to some portion of the value of the home based on the payments made on the home or improvements done to the home during the time of the marriage regardless of the name on the deed or mortgage. Approximately 50% of all payments made during the marriage or improvements... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to half of what I paid on the mortgage even if my name was not on the house? I have all receipts.
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 28, 2021

I see the question is asked under "Divorce" so I will assume that you are married to the person who owns the house. If the house was acquired during the marriage, or used for the common benefit of you and the other person during the marriage, then the house is subject to being divided in... Read more »

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Civil Litigation for Alabama on
Q: What is the law when it comes to separation before divorce in AL? Can you move out immediately?

I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »

Shane Michael Oncale
PREMIUM
Shane Michael Oncale
answered on Sep 13, 2021

I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Does the state of Alabama require that divorce papers are completed by a licensed attorney?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 13, 2021

A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones
answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

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