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Alabama Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Is it an order to follow or there is no order?

I had a virtual hearing and the judge gave some order verbally that my ex husband should call the kids 1 hour a day between 4pm to 5pm and when it comes to me, he is not supposed to call me, he has to text only. She ordered this during court section verbally. She never wrote a court order and there... Read 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... Read 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... Read 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...
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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.

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: Can I give my child my husbands last name without giving him rights to my child?

I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy.... Read more »

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

If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.

1 Answer | Asked in Child Support and Divorce for Alabama on
Q: My spouse and I want to get a divorce. neither one of us wants to pay child support. Is that possible in Alabama?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Child support belongs to the child, and child support forms are required by law. There are certain circumstances where the parents can justify to the court that child support should not be ordered (for example, joint physical custody with equal parenting time; both of you make the same amount and... Read more »

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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