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.
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!
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 »
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!
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.
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!
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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!
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 »
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 »
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 »
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.
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 »
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 »
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 »
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!
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 »
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!
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 »
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 »
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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