Alabama Questions & Answers by Practice Area
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Alabama Questions & Answers
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.
Mr. James Parrish Coleman's answer
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
Q: can i contest my divorce ?
Mr. James Parrish Coleman's answer
Under Alabama law, you probably condoned the adultery by having sex with him after you knew about it. Besides, a mere episode of sex with another person - alone - will not support a ground for divorce of adultery. Other than that, you are entitled to your share of the divisible marital property. If this is an alimony case depends on your needs and income vs. his needs and income. If he made considerably more money than you do, then he may well be ordered to pay support to you. These things are...
Under Alabama law, you probably condoned the adultery by having sex with him after you knew about it. Besides, a mere episode of sex with another person - alone - will not support a ground for divorce of adultery. Other than that, you are entitled to your share of the divisible marital property. If this is an alimony case depends on your needs and income vs. his needs and income. If he made considerably more money than you do, then he may well be ordered to pay support to you. These things are...
Q: What are the steps you take by taking someone off of child support in Alabama?
Mr. James Parrish Coleman's answer
You can't elect to "take someone off child support" The child can turn 19. Please reply and say specifically what your facts are and what you are trying to do.
You can't elect to "take someone off child support" The child can turn 19. Please reply and say specifically what your facts are and what you are trying to do.
Q: hello, my mom died, and I would like to know who inherits, in the case of not having a will. Thank you. She was from AL
Jack T. Carney's answer
I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:
-Passes to spouse and children first
-If no spouse and children, to parents
-If no parents, then to siblings
-If siblings are deceased, their share passes to their children
I hope this helps.
I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:
-Passes to spouse and children first
-If no spouse and children, to parents
-If no parents, then to siblings
-If siblings are deceased, their share passes to their children
I hope this helps.
Q: NCP will not return our child, nor will he answer phone calls. NCP is not on birth certificate.
Mr. James Parrish Coleman's answer
A child support order does not set up any visitation schedule. Go to Court with this right now. WHen you decided to co-parent, did it occur to you to establishing something in a court order? He has no more right to the child than I do if there is no presumption of paternity or court order. However, you should do now what you failed to do before..... go to COurt and have him adjudicated the father, and then have the Court set up visitation.
A child support order does not set up any visitation schedule. Go to Court with this right now. WHen you decided to co-parent, did it occur to you to establishing something in a court order? He has no more right to the child than I do if there is no presumption of paternity or court order. However, you should do now what you failed to do before..... go to COurt and have him adjudicated the father, and then have the Court set up visitation.
Q: Can the custodial parent get additional support if our children have been diagnosed with adhd?
Mr. James Parrish Coleman's answer
I assume this is an Alabama matter. Medical expenses of minor children are to be divided equally if not covered by insurance.
I assume this is an Alabama matter. Medical expenses of minor children are to be divided equally if not covered by insurance.
Q: Sex offender status question
Stewart Whaley's answer
I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.
Err on the side of caution and hire an attorney licensed in that state BEFORE you move there. You do not want a felony failure to register just because you interpreted the statute wrong....
I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.
Err on the side of caution and hire an attorney licensed in that state BEFORE you move there. You do not want a felony failure to register just because you interpreted the statute wrong....
Q: My husband and I married on 2004 them divorced in 2006. We were back together less than 3 months later
Mr. James Parrish Coleman's answer
If you did all of those things before January 1, 2017 you just might be married by common law. You see, the Alabama legislature abolished common law marriage in this state to keep those pesky same sex couples from easily being married to one another. If you can establish the elements of a common law marriage before January 1, 2017 you might be able to convince a court to divorce you and then you would be entitled to whatever any other married person would be entitled to.
If you did all of those things before January 1, 2017 you just might be married by common law. You see, the Alabama legislature abolished common law marriage in this state to keep those pesky same sex couples from easily being married to one another. If you can establish the elements of a common law marriage before January 1, 2017 you might be able to convince a court to divorce you and then you would be entitled to whatever any other married person would be entitled to.
Q: I got a new car from the dealership. The car was not financed. I returned the car. The dealer says I owe them.
Mr. James Parrish Coleman's answer
I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales contract, or better yet, hire an attorney. Many people believe they can take a car back within a certain time and "undo" the contract. That "cooling off" period does not apply here. Get an attorney
I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales contract, or better yet, hire an attorney. Many people believe they can take a car back within a certain time and "undo" the contract. That "cooling off" period does not apply here. Get an attorney
Q: My ex has been gone for 6 months but he comes and breaks into my home, breaks Windows and physical abuse? What can I do?
Mr. James Parrish Coleman's answer
You didn't say. where you married to him? Did you divorce him? Answer those questions please
You didn't say. where you married to him? Did you divorce him? Answer those questions please
Q: Do I automatically have dual citizenship: Philippine-US?
Hector E. Quiroga's answer
If you are under 18 at the time your mother got citizenship, you are automatically a US. That doesn’t mean you give up your Filipino citizenship.
We recommend you get both a US passport and a Filipino passport. That way you can easily travel back and forth.
If you are under 18 at the time your mother got citizenship, you are automatically a US. That doesn’t mean you give up your Filipino citizenship.
We recommend you get both a US passport and a Filipino passport. That way you can easily travel back and forth.
Q: If my estranged mom dies people do not have a way to notify me. What happens. Is there a way to find out if she has wil
Jack T. Carney's answer
I am sorry about your difficult past and situation. If you are still her legal heir (next of kin) and assuming those rights have not been severed, then you would legally be entitled to notice of any Will filing. If she dies without a Will, you may be entitled to all or a portion of her estate (depending on whether she has other heirs). There is no way for you to find out about a Will or plans while she is alive (unless you ask her). The best thing that you could do would be to find out when...
I am sorry about your difficult past and situation. If you are still her legal heir (next of kin) and assuming those rights have not been severed, then you would legally be entitled to notice of any Will filing. If she dies without a Will, you may be entitled to all or a portion of her estate (depending on whether she has other heirs). There is no way for you to find out about a Will or plans while she is alive (unless you ask her). The best thing that you could do would be to find out when...
Q: Do multiple wills follow a progression of how they passed away or include into the last one?
Jack T. Carney's answer
I would recommend she consult with an attorney regarding her rights in any/all of the estates. If you see an attorney, I recommend you create a time line and gather copies of any documents that you do have in your possession. It would be difficult to provide advice without more information. However, as a heir and a beneficiary she has right to information and possibly assets.
There is some truth to the statement that the last Will governs. For example, if a grandparent, child and...
I would recommend she consult with an attorney regarding her rights in any/all of the estates. If you see an attorney, I recommend you create a time line and gather copies of any documents that you do have in your possession. It would be difficult to provide advice without more information. However, as a heir and a beneficiary she has right to information and possibly assets.
There is some truth to the statement that the last Will governs. For example, if a grandparent, child and...
Q: Does my 401k automatically belong 100% to my surviving spouse - even if I state in my will that my daughter gets part?
Jack T. Carney's answer
Your understanding is not exactly correct. Further, the rules depend on the specific asset and how it is titled. Details are important and no one can adequately address them in a general forum such as this one. However, I believe I can share some general information that may be helpful. Finally, I do encourage you this discuss these matters with your attorney or financial advisor.
1. The 401k may go to your spouse even if you state the contrary in the Will. Retirement plans are...
Your understanding is not exactly correct. Further, the rules depend on the specific asset and how it is titled. Details are important and no one can adequately address them in a general forum such as this one. However, I believe I can share some general information that may be helpful. Finally, I do encourage you this discuss these matters with your attorney or financial advisor.
1. The 401k may go to your spouse even if you state the contrary in the Will. Retirement plans are...
Q: A Support order didn’t change yet ido was stopped by dhr.
Mr. James Parrish Coleman's answer
You probably need a lawyer to help you with this. You object to the modification of the income withholding order because of the arearage. Your remedy is with the COurt.
You probably need a lawyer to help you with this. You object to the modification of the income withholding order because of the arearage. Your remedy is with the COurt.
Q: How do I get my son mother for not taking care of him and not doing his homework with him can I keep him from her?
Mr. James Parrish Coleman's answer
Modifying custody is a very big deal. You will have to take her back to court and show the court that there has been a material change in the circumstances of the child, and that the change in circumstances dictates that a change in custody would bring such a large benefit to the child as to over come the disruptive effect of changing custody. That is a heavy burden. You would have to meet it to change custody
Modifying custody is a very big deal. You will have to take her back to court and show the court that there has been a material change in the circumstances of the child, and that the change in circumstances dictates that a change in custody would bring such a large benefit to the child as to over come the disruptive effect of changing custody. That is a heavy burden. You would have to meet it to change custody
Q: I need to ask a lawyer about a postnuptial agreement. It doesn’t allow me to type enough here. Where can I do this?
Mr. James Parrish Coleman's answer
A competent family law attorney will be glad to meet with you and review the agreement. No competent person is going to do this with an e mail.
A competent family law attorney will be glad to meet with you and review the agreement. No competent person is going to do this with an e mail.
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