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Alabama Divorce Questions & Answers
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

0 Answers | Asked in Divorce for Alabama on
Q: I want to know more about getting a divorce and a protection order from an abusive spouse

I am a mother of 3 losing everything because if the man I married is abusive every way possible and the police aren’t helping.

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: What is considered adulterous in alabama?

My husband is wanting a divorce after finding messages of me confessing to a friend that i was in appropriately texting another man. It was never physical and only lasted a day or two before I put a stop to it because i felt terrible. The messages even say that. Will that hurt me in court?

0 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: How do I make sure my soon-to-be ex husband, who is an alcoholic and does not want recovery, does not get 50/50 custody?

He wants 50/50 custody. I don't agree that its safe for our 14 yr old son because he drinks and drives and hardly comes home. How do I make sure I have a good defense to him wanting 50/50 custody? We have a previous custody agreement from when our son was younger, before we tried to reconcile... View More

0 Answers | Asked in Divorce for Alabama on
Q: I need a divorce. No clue where husband is or could be. Married for 9 months. Not a word from him Nearly 20 years

Got married 7/3/06. Got arrested 3/10/07 we both violated and sent to prison. He got out 2.5 years before I did and that's all I know of him. being married to someone for 20 years..

0 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: My son's child support will end in a few months. His dad owes me thousands of dollars in child support due to changing

Jobs during this time etc....is there a time limit on me recovering the back child support in Alabama? Will the judge see this as I made it through until my son was 19, so I don't need it now?

0 Answers | Asked in Divorce for Alabama on
Q: I have a lawyer that is refusing to withdraw, and a judge that won't dismiss my case due to this. What can I do?

I had a consultation with the lawyer, and he filed my divorce. I tried reaching out to him many times after it was filed, requesting that he withdraw and file a motion to dismiss. I could never get a hold of this lawyer. I ended up filing the motion to dismiss myself. The judge is refusing to grant... View More

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
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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
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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
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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
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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
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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...
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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
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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.

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