Lawyers, Answer Questions  & Get Points Log In
Alabama Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: I am still legally married to my wife and we are not legally separated. We have not been together for 2 years.

She knows I have been trying to get on disability for over 2 years now Since my accident when we were still together. I am almost finished with it but we haven’t been together for 2 yrs now but she hasn’t let me get my 2 sons or see them in about a year. I have not been able to help her... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 22, 2020

If you are still married you can go get them and there is nothing she can do about it. You both have equal custody. But if you do, she will probably go file something immediately to give her temporary custody. Then you will have to petition the court for interim visitation prior to the final... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: 1. Do I qualify for legal aid? 2. Can I go ahead a secure a lawyer now, if I qualify, or not. 3. What are my options?

Married 24 years ago; have been informed he has obtained divorce papers from atty. Jay Casey; he wanted me to fill them out. I informed him I would not be filling out anything and to have his attorney forward any papers to my attorney; but, I don't have an attorney. He works full time; I work... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 18, 2020

You can go to legal aid to try and obtain a lawyer but it’s mostly for persons who have been abused that qualify. You need to get to an attorney immediately. Some will take payments or draw the money out of savings. But get to an attorney as quickly as possible! Good luck!

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: At what age can the child legally decide to stop going to visitation with other parent?

We're divorced and I have full custody. My ex has supervised visitation and over time normal visits may resume my soon to be 12 year old doesn't want to have anything to do with him because of mental and emotional abuse on his behalf.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 3, 2020

There is no age in Alabama when a child can decide they don’t want to go visit. I lot of people think there is, but there is not. Just as he is ordered to pay child support, you too, are ordered to comply with the visitation schedule. Good luck.

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Can one parent keep a child from the other during a divorce?
Kristine Jones
Kristine Jones answered on Sep 18, 2020

Hello. No, not unless there is an Order from the Court stating they can. Thank you for the question.

1 Answer | Asked in Divorce for Alabama on
Q: Hello, My question is there a status of limitations on child support in the state of Alabama? my kids are adults now.

There was a court order when the divorced was final.

Shane Michael Oncale
Shane Michael Oncale answered on Sep 17, 2020

There is no statute of limitations on the collection of child support. Each monthly payment in automatically considered reduced to a judgment as it becomes due.

1 Answer | Asked in Divorce for Alabama on
Q: Can defendant in uncontested divorce sign waiver to avoid response period or default judgement and proceed immediately?

Everything is agreed upon, he agrees to proceed without dispute. Does the waiver exempt us from needing to file an answer or wait through the response period

Kristine Jones
Kristine Jones answered on Sep 9, 2020

Typically the documents are filed all at one time.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: The judge gave us 50/50 custody of our son. She wanted us to have him stay in the marital home, and each of us rotate

Out weekly. She gave me no child support or alimony even though I stayed home with the kids and didn't have a career. I got a little place of my own because I couldn't stay where my ex was. He moved out of state and sold the house. Can I get child support and alimony now that I have my... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Aug 31, 2020

A lot of interesting things going on with your fact pattern. I would suggest that given the number of moving parts involved that you go ahead and set up a more individualized consult with an attorney rather than trust solely the bits of information gained in general responses here. I will say... Read more »

View More Answers

1 Answer | Asked in Divorce for Alabama on
Q: Me and my husband has only been married an year I want a divorce because of adulterous behavior 3 times i want spousal

Support do I qualify for it

Kristine Jones
Kristine Jones answered on Aug 20, 2020

Hello. You'd need to speak with an attorney privately to discuss the facts of your particular situation. Without knowing more, "maybe" is the best answer. Good luck.

3 Answers | Asked in Divorce for Alabama on
Q: Can I be charged for months while court was closed due to coronavirus?

Divorce lawyer said $4,000 retainer fee was more than enough. Court hearings were put on hold for months during coronavirus, yet the lawyer kept racking up the bill somehow and now says I owe $6,000 more. Is this legal? Can the charges rack up even when everything was closed?

Shane Michael Oncale
Shane Michael Oncale answered on Aug 20, 2020

Although the lawyers before you provided excellent responses and advice I feel the need to weigh in on this question as it comes up so often in one form or another. First, read your contract. Your contract should spell out exactly what you are to be charged for and what is free. What you will... Read more »

View More Answers

2 Answers | Asked in Divorce for Alabama on
Q: I have been separated for the last 13 years from my spouse. He left me when I had to do a year of chemo. What can I do?

I can't afford a lawyer or even to file the papers. I am on ssi and need every penny I get to pay my rent and other monthly bills. I just want to be done with him. I have his namr and address. I just don't know what to do.

Sheila Crumley Field
Sheila Crumley Field answered on Aug 19, 2020

Some lawyers do pro bono work and will do it for free, but they cannot pay the filing fee for you. Most countries is between 200- to 300 dollars. However, you can fill out an affidavit of hardship to possibly waive the filing fee. Good luck

View More Answers

1 Answer | Asked in Divorce for Alabama on
Q: I need help getting a divorce what can i do
Sheila Crumley Field
Sheila Crumley Field answered on Aug 11, 2020

I’m located in Anniston, I can help.

1 Answer | Asked in Divorce for Alabama on
Q: My husband is filing for divorce. I would like marriage counseling to be required before. Could I request that?

We don’t meet the requirements for an at fault divorce. I also don’t believe we are incompatible or have an irreconcilable marriage. What can I do?

Kristine Jones
Kristine Jones answered on Jul 31, 2020

Hello. Unfortunately, you cannot stop a divorce from moving forward. If someone has decided they want to end a marriage, it can and will happen. You may want to seek legal counsel in your area to guide you through this process so you make good choices that minimally impact you. Best of luck.

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: I have been served divorce papers. I can not afford legal representation. The divorce is final 7.30.2020. What can I do

to secure my alimony? I am a military spouse.

Kristine Jones
Kristine Jones answered on Jul 23, 2020

Hello. You can contact the Birmingham Volunteer Lawyers and ask for their help. Best of luck.

2 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: My wife is filing for divorce and we have a 5 yr old, we both have agreed on joint custody with no child support.

She asked me how much$ can I commit to giving a month for the Divorce paperwork she doing! Me and my wife make the same amount per hour yet she has other income from a hair salon owns & works by herself . With that being said am I still going to have to pay her something a month like child support?

Shane Michael Oncale
Shane Michael Oncale answered on Jul 7, 2020

Apparently you have not BOTH agreed. I cannot tell you how often this comes up. Someone calls me and tells me we have reached an agreement and the case is uncontested but when it comes time to sign nothing could be less true. You do not have an agreement. It does not necessarily mean her... Read more »

View More Answers

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Who receives interest he owes if he pays it
Kristine Jones
Kristine Jones answered on Jul 6, 2020

It depdens. Interest can be owed to the custodial parent, the state, or both.

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.

Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you,... Read more »

3 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: My wife cheated on me twice with the same person. I want a divorce but not sure what the out come would be.

We have 2 children ages 5 and 13 I don't want to lose them

Travis T Juneau
Travis T Juneau answered on Jun 30, 2020

In any divorce where child custody is an issue, the behavior of the adults is an important factor in who has primary custody over the children. The question you must ask yourself is, is a divorce something you really want? Is your wife willing to work on your marriage and stop cheating? It sounds... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Divorce and White Collar Crime for Alabama on
Q: My case has been posted for over 25 years. How long do I have to put up with this?
Sheila Crumley Field
Sheila Crumley Field answered on Jun 29, 2020

What do you mean posted? And what is the charge? Some crimes have no statute of limitations. Have you ever been served with a warrant? It’s possible to have the warrant recalled after that long. We need more details in order to advise you better.

1 Answer | Asked in Divorce for Alabama on
Q: I live in another state and found out my 18 year old son moved out 2 months ago with his girlfriend. The ex is hiding

This from me,,, i am court ordered to pay child support until he is 19... can I stop paying? What should I do?

Kristine Jones
Kristine Jones answered on Jun 26, 2020

Hello. The child must be 100% financially self-supporting in order to stop child support. Best of luck!

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.