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Alabama Divorce Questions & Answers
1 Answer | Asked in Divorce for Alabama on
Q: Do I have to still file

My husband had came out he is a woman Is taken med and going to have surgery .and has gone to courts to legally have name changed do we have to for a divorce since that man no longer exist

Kate Furek
Kate Furek answered on Feb 21, 2020

If you are seeking a divorce, then you will not be divorced until either an uncontested or contested divorce has been started and a Judge enters a Final Judgment of Divorce. To avoid any issues, the best way to do this is to contact an attorney who practices Family Law where you live.

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I have caught my husband cheating and he has an alcohol abuse problem. I can't afford divorce and am scared. Help

He is manic depressive bipolar with violent tendencies. We have a 2 almost 3 year old and 4 animals. We rent our house and he is the main provider.

Kristine Jones
Kristine Jones answered on Feb 20, 2020

Hello, you asked your question in the Alabama forum, but it appears you are in Miami, FL. Regardless, where ever you are located, seek out a legal services office, or other pro bono/income based program in your area. Thanks for the question and good luck!

1 Answer | Asked in Divorce for Alabama on
Q: The husband is filing for divorce, we have a home his name is on the mortgage. Can he force me and the children(22&20) ?
Jared Dale Vaughn
Jared Dale Vaughn answered on Feb 6, 2020

More information is needed to best answer this question most accurately, but generally speaking he cannot.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what do I need to file to keep ex husbands alcoholic girlfriend away from our children?

We have joint custody, he gets every other weekend visitation. During his visitation our kids have to witness his girlfriend verbally abuse him. She makes vile remarks about his man parts, yells and screams, becomes out of control on alcohol in front of the kids. Police have been called out... Read more »

Kristine Jones
Kristine Jones answered on Feb 5, 2020

Hello. You can try and file a PFA on behalf of your kids against the g/f. Or, file for a modification of custody and see if that gets the attention of dad regarding who he chooses to have around his children. Best of luck!

2 Answers | Asked in Divorce for Alabama on
Q: Separated and haven’t filed yet, in-laws own marital home can they force me to move out ?
Jared Dale Vaughn
Jared Dale Vaughn answered on Jan 30, 2020

In short, the legal answer is most often, it depends. Eventually can they, yes. Immediately can they, that depends on the exact facts and circumstances. I'd suggest retaining a local attorney skilled in family law and working with them to resolve the matter in its entirety.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: I lived with my boyfriend for several years. We have a 9 year old child. Do i have to file divorce eventhough we never

actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Do divorce agreements still cover dependents over the age of 18?

My divorce agreement from 2009 specifies that I claim the youngest child and my ex claims the oldest on our income taxes. My oldest turned 19 In October 2019 but still lives with me and for the year of 2019 made less than $4000. Since he is over 18 now, is the agreement still in effect or am I... Read more »

Kristine Jones
Kristine Jones answered on Jan 27, 2020

Hello. The age of majority in Alabama is 19, not 18. So your divorce decree expired on that child once it reached 19 in October. Keep in mind what you file in April is about the year 2019, and it sounds like your ex would still claim him for the 2019 tax return. You may want to consult a licensed... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Alabama on
Q: What is the process for foreclosure on an abandoned home post divorce?

After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: If Alabama divorce decree states alimony to stop when ex spouse turns 62, can alimony be stopped automatically?

Exspouse turned 62, alimony was stopped the next month. The divorce papers state that alimony will be paid periodically until the ex spouse turns 62 at which time she will be covered under the ex spouse social security.

The ex spouse will not be 62 and eligible for social security until... Read more »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

Hello, it is difficult to know how to answer without reading the entire document. Does it mean the ex spouse will be covered under her own social security when she turns 62? Does it mean when her ex-husband turns 62 in a couple of years? It doesn't seem like leaving a 2 year gap is what was... Read more »

2 Answers | Asked in Criminal Law, Divorce, Car Accidents and Child Custody for Alabama on
Q: how can i become a lawyer
Gary Kollin
Gary Kollin answered on Oct 29, 2019

By graduating from a law school, passing the Bar exam and then be approved by the Bar.

But this is not a legal question.

If you were not able to determine this on your own, then being a lawyer is not for you

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: AL child custody laws

My ex and I have split custody now- 50/50, week on week off. Due to week changes to fit his entertainment schedule and sending numerous threats about their “punishment” for not going to his house on his time, both of my kids (17 and 14) are refusing to go to his house, I’ve had them for 3... Read more »

Kristine Jones
Kristine Jones answered on Oct 17, 2019

Hello. There is misinformation floating around regarding children and the age when children can "choose" who to live with. Children do not get to choose who they want to live with until they are no longer children, which is 19 in Alabama. That being said, the older a child is the more weight their... Read more »

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can I prove my husband is not the father with a paternity test while pregnant and then get a divorce in Alabama

Was told I can’t get divorced while pregnant in Alabama but what if I can prove he’s not the father . We’ve been separated

I wanted a divorce but couldn’t afford to file and while separated got pregnant with another mans twins

Kristine Jones
Kristine Jones answered on Oct 16, 2019

Hello, this is a good question for someone who practices in your local jurisdiction. They can give you the best advice on if a pre-birth test would be admissible to proving your husband is not the father. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: Our son was divorced one year ago this Oct. Per the decree, the marital home (which is owned JTWROS by my wife and me

Is supposed to be sold within 3 years (now 2 years). My wife refuses to sell, AND In fact, has leased the home to our former daughter-in-law without my knowledge or consent. The decree specifies no rent is to be paid for the 3 year period, and I assume my wife’s lease also is rent-free.... Read more »

Kristine Jones
Kristine Jones answered on Sep 30, 2019

Hello. It's difficult to know without looking at the decree or settlement agreement about the status of the lease. It may be valid unless there's a provision stating it can't be leased during that time period. Your son can enforce the decree once the time to sell has lapsed if the house is still... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: What is the typical cost for an uncontested divorce?
Kristine Jones
Kristine Jones answered on Sep 24, 2019

Hello. It varies depending on how in depth the settlement agreement needs to be drafted. It also depends on how uncontested is it? Have you and your spouse worked out all the details or do you expect the attorney to do that for you? Also, court costs vary from county to county so that depends on... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Can alimony be terminated if divorced spouse lives with another man?

My wife filed for divorce and is trying to find a man to live with. She lost thousands of dollars on a scam dating site. Now she is communicating with someone else to live with and possibly move before divorce is final.

Kristine Jones
Kristine Jones answered on Sep 18, 2019

Hello. It depends. It sounds like your divorce is not final and alimony has not been awarded. If so, then her living with someone else seems important to her need of post-divorce support. If you have not already, you should seek counsel in your area to determine your best options regarding handling... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Alabama Child Support termination and college / post-minority support non-custodial requirements?

My marital separation agreement from March 2013 states "child support payments shall continue until the minor children of the parties attain the age of nineteen years, marries, becomes self-supporting OR commences college, whichever shall first occur. I have 3 children. One child is 21, another... Read more »

Kristine Jones
Kristine Jones answered on Aug 15, 2019

Hello, it sounds like you and your spouse signed a settlement agreement. So regardless of what a judge COULD HAVE done then, you settled before it got that far. That being said, the agreement says what it says. So 1) yes. 2) you can, but that is no longer the law unless he agrees in another... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: If the divorce papers say alimony is to be paid till a certain month and year. How do you stop it?

If they stay a certain month and year then does it stop then? How do we get it stopped when the divorce papers say so?

Kristine Jones
Kristine Jones answered on Jun 26, 2019

Hello, alimony will terminate when the decree states that it stops. If it is withdrawn automatically from a paycheck, then you may need to have an attorney file a termination on your behalf. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: I'm married but separated and my husband has a girlfriend can I get alimony or anything in this situation

Me and my husband got married 2007 and have been separated off and on for about 2 or 3 years but now he has a girlfriend and they live together in his mother's house and she is using my husband's last night I guess pretending to be married o him I guess you would say. What are my options I have in... Read more »

Kristine Jones
Kristine Jones answered on Jun 26, 2019

Hello, you can call the Alabama State Bar and ask for a pro bono divorce attorney referral at 334-269-1515. It sounds you need to speak with an attorney in a confidential setting so you can s/he can discuss all the facts of your situation. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: In AL. is it legal for judge to order 5 yr old not to call stepdad dad
Kristine Jones
Kristine Jones answered on Jun 17, 2019

Hello, it is common in settlement agreements for parties to agree that the distinctions of "Mother" and "Father" are reserved for the two parties getting divorced. Those agreements are turned into orders. Trial judges have a lot of discretion in what they can order, and this is part of that power.... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Adultery, Divorce, Custody/Child Support and Alimony

My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 13, 2019

You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »

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