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Alabama Divorce Questions & Answers
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... View 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... View More

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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... View More

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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

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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... View More

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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... View 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,... View 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... View More

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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.

2 Answers | Asked in Divorce for Alabama on
Q: If you are getting a divorce, is it best to sell property/houses/cars that have both persons on the loan?
Kristine Jones
Kristine Jones
answered on Jun 5, 2020

Hello. It depends on several considerations. Find a local attorney and talk with her/him about what's best for you. Best of luck.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Is it illegal for a girlfriend to spend the night while the child is over during visitation in Alabama?

The child is 15, almost 16 years old. The parents have joint custody. I'm dating the dad but the mom says in Alabama it's illegal for the child to come over if I'm staying the night. Also, says if we go on vacation and take the child, I am supposed to have a separate room. I found... View More

Kristine Jones
Kristine Jones
answered on Jun 5, 2020

Hello. It depends on what their decree or Settlement Agreement says. Some have provisions preventing that behavior, some don't. Best of luck!

2 Answers | Asked in Child Custody, Divorce and Family Law for Alabama on
Q: Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent

My wife has took my four-year-old son to relocate 400 miles away from me against my consent and that is owner recording on a voice recorder I have read all the child relocation laws but it seems they only apply to an existing custody order is there possibly a chance I can request for them to move... View More

Shane Michael Oncale
Shane Michael Oncale
answered on May 29, 2020

Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state... View More

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3 Answers | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: I'm headed for a divorce after 5yrand we have a 5yr old child together , will I have to pay child support and alimony

I don't want to have to pay for neither one. We both make around the same amount of money !

Birmingham, al.

Travis T Juneau
Travis T Juneau
answered on May 28, 2020

The short answer, without knowing much more, is that you will pay child support unless you have primary custody of the child. Alimony, either periodic or alimony in gross depends on a number of factors thus, it is impossible to know if you will have to pay it or not without all of the specifics.... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Q: Hello i need advice. I live in Alabama and have since 2008. Ten years ago my husband and i split up

He had gotten with another woman and then moved out and we haven't been together since. 5 years ago he took our son and moved to Massachusetts without telling me beforehand (i spent two weeks panicking not knowing where my son was), and was told by several people that since we were still... View More

Travis T Juneau
Travis T Juneau
answered on May 17, 2020

I'm very sorry to hear about your situation. Abandonment and infadelity are grounds for divorce in Alabama. It sounds like you would need to hire a private investigator to help locate your son. But, if you exhaust your attempts to locate your husband, you could be able to serve your husband by... View More

2 Answers | Asked in Divorce for Alabama on
Q: My husband and I just filed a no fault, uncontested divorce in Alabama. I am the plaintiff.

He, the defendant, signed the answer and waiver and the agreement. Attorney filed the paperwork in court. Now my spouse has decided he wants to fight and is threatening to rescind the paperwork already filed. I am not in agreement and have no wish to reconcile. Can he as the defendant rescind... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 10, 2020

You would file a motion to enforce the agreement. Talk to the attorney who represented you about this.

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