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Alabama Divorce Questions & Answers
1 Answer | Asked in Contracts, Divorce and Probate for Alabama on
Q: Is there an attorney that can help financially? The house is supposed to be paid for and is in a nice neighborhood.
Kristine Jones
Kristine Jones
answered on Mar 18, 2019

Hello, please clarify your question.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.
Kristine Jones
Kristine Jones
answered on Mar 16, 2019

Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: What Divorce forms do I need to do an uncontested divorce I have been separated for years there are no children involved

There is no property to separate, everything has been done, except for the actual paperwork and filing in court for a divorce.

Kristine Jones
Kristine Jones
answered on Mar 14, 2019

Hello, to complete an uncontested divorce, you would need to seek the assistance of an attorney to draft all the documents needed from you and your spouse. No forms are available to the public to submit on your own. Best of luck!

1 Answer | Asked in Child Custody and Divorce for Alabama on
Q: Need an attorney for divorce, in accident have no income where do I get help in athens or huntsville Al
Kristine Jones
Kristine Jones
answered on Mar 11, 2019

Hello, I believe there is a volunteer lawyers program in Huntsville. If you can't find a local number, you can call the state bar at 334-269-1515 and ask them. Best of luck!

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?

The non custodial parent has agreed to pay after the child turns 19th for the first 4 years.

Shane Michael Oncale
Shane Michael Oncale
answered on Mar 8, 2019

You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck... View More

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: AL:DR; If a plaintiff files a “PETITION TO MODIFY...” how can the court’s action on it call it a “MOTION TO DISMISS?”

I was served with with a plaintiffs MOTION TO MODIFY VISITATION 2/18/19 and before I could even consult with an attorney, 2/22/19 I received via USPS mail from the court dated 2/19/19 stating that “The Motion to Dismiss field by the father.... ORDERED, ADJUDGED, AND DECREED that the Motion is... View More

Kristine Jones
Kristine Jones
answered on Feb 23, 2019

Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: Can me and my wife agree to coparenting and neither one of us pay child support? Is there anyway to just be civil?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 18, 2019

You can is you both spend equal time with the child and if your incomes are roughly the same. You can't tell her that she can have the kids if you don't have to pay support. The law won't allow that.

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones
Kristine Jones
answered on Feb 17, 2019

Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?

In Alabama, and dad wants to see his son like crazy but no one in the family will help him to see his 5 year old son because they 'don't want to get involved'. She has a restraining order against the dad because he yelled at her last year (she is one of those who is using the system... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 14, 2019

If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant... View More

1 Answer | Asked in Divorce for Alabama on
Q: My husband and I are getting divorced.

The home was his before we married. I sold the home I was living in at a loss and sold the majority of my furniture because his was already furnished. We also made several considerable upgrades to the home while I was living there. What am I entitled to in the divorce?

Shane Michael Oncale
Shane Michael Oncale
answered on Feb 4, 2019

The answer to the riddle does not end with who may have owned the home at the time of the marriage. If payments towards the mortgage or towards the improvements or towards the second mortgage which secured the money for the improvements you mention were made with marital funds or created marital... View More

1 Answer | Asked in Divorce for Alabama on
Q: Can my husband and I continue to live together and raise our kids together and get an uncontested divorce?

We have decided we are no longer in love after 6 years of relationship and 3.5 years of marriage. We are still great friends and want to raise our 3 boys together in 1 house. We will both have different rooms and no sexual actions of any kind, can we do that? How much will it cost for the divorce

Kristine Jones
Kristine Jones
answered on Jan 30, 2019

Yes, of course that is possible if that is the decision you both make. An uncontested divorce depends on the attorney's fee and court costs. Any and all fees will vary. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: We got married November 2009 and were apart January 2010. Can you help me get a divorce?

How do i get a divorce but i have no idea where she is?

Kristine Jones
Kristine Jones
answered on Jan 30, 2019

Yes, you can still obtain a divorce even if you may not know where your spouse is located. However, you will need the assistance of an attorney to make sure all the procedural/ jurisdictional aspects are satisfied. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: I was emotional before trial and My lawyer agreed and settled so I got nothing after 18 yrs. Now don't return my calls.

When the Decree was done he was suspose to call me so I could come in and discuss it. It was filed the 11th of January and I haven't heard from them

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 28, 2019

When you agree there are very limited if any grounds to back out of that agreement or to appeal the result which is the judge entering an order adopting your agreement. Time is of the essence. You have 30 days after the decree is entered to ask that any portion be reconsidered. You have 42 days... View More

1 Answer | Asked in Divorce and Child Custody for Alabama on
Q: What are my options? HELP

Me and my ex-husband divorced over 7 years ago. When the divorce was finalized I was working a government job on 3rd shift out of town. We have a son together who was 2 at the time. The judge told us that we were being granted joint legal custody. He also stated that wherever the child laid his... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 10, 2018

It sounds like it is time to go back to court. The Order you are operating under was entered at a specific time when the circumstances of both the parties and the child were tremendously different. You can go back to court to modify child support, custody and visitation any time there is a... View More

1 Answer | Asked in Divorce for Alabama on
Q: What is a reconciliation between parties in a divorce? After a year the husband continues adultery can divorce start?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 14, 2018

A reconciliation is where the parties get back together. I don't understand the rest of your question.

2 Answers | Asked in Family Law and Divorce for Alabama on
Q: If my wife is seeking divorce and she opened up a bank account to withhold all her paychecks and is still using my money

What am i legally allowed to do since we are still married?

Shane Michael Oncale
Shane Michael Oncale
answered on Oct 29, 2018

If divorce has not been filed and/or no order has been entered there is no prohibition as to what either of you do with your money. Obviously if she is no longer depositing money into the joint account you should likewise cease to deposit money and instead seek some sort of resolution on how... View More

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1 Answer | Asked in Divorce for Alabama on
Q: Do we need a lawyer to get legally separated?
Kristine Jones
Kristine Jones
answered on Oct 27, 2018

No, you can draft the agreement and file it yourself with the clerk. You should however seek legal counsel and discuss with her or him the pros and cons of legal seperation v. divorce. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: My husband and I separated. We have been married 12 years and living together for 18. He has filed for divorce.

He has accused me of fraud. There are several on line lines that he’s trying to accuse me of doing without his consent. That is not true. I helped him with it. He is trying to give me nothing out of our marriage. Can he do that? He purchased our home 2 years before we were married but didn’t... View More

Kristine Jones
Kristine Jones
answered on Oct 13, 2018

Hello, you should seek legal counsel in your area to help you through the divorce process. Best of luck!

2 Answers | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: If I am 16 years old in Alabama and my parents have joint custody, can I move in with my mother?

My father treats me unfairly and I do not feel welcome in his home. If I don’t want to go back to his house am I required to?

Kristine Jones
Kristine Jones
answered on Oct 7, 2018

It is difficult to know without looking at your parents divorce/custody papers. It may be they have joint legal custody, but your father has primary, physical custody. This is up to your mother to contact an attorney and sort out the details. She could file a petition to modify and ask the court to... View More

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