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Alabama Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: can i have my arears resolved if my oldest is 21 and my youngest passed away in January?

i have not had my child support amended when my oldest turned 19. my youngest had cancer and i knew she would need it. the reason i owe arears is due to surgeries and health issues. i tried contacting child services at the time, but never got thru to anyone there.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 14, 2020

You cannot remove past due child support amounts. They are final judgements against you in the month that they are unpaid. You can attack a judgment on some very narrow grounds, but not based on what you have laid out. You should have gone back to court when your income changed. You can modify... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

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1 Answer | Asked in Divorce for Alabama on
Q: How can I make my husband pay me while going through a divorce? He recently put me out of the house and filed.

We were talking and I mentioned to him that I thought our time had expired. He proceeded to tell me he wanted my things packed and moved out of the home the next day. I had nowhere to stay. I’ve been looking for a home. He called and harassed me about looking for a home with his knowledge. I’ve... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get... Read more »

1 Answer | Asked in Divorce and Child Support for Alabama on
Q: My husband's son starts college Aug '21 at 18yo. Will he still pay CS to the mother as well as half of college dorm?
Sheila Crumley Field
Sheila Crumley Field answered on Nov 11, 2020

He will pay child support until the son turns 19. Then he can go to the courthouse and fill out a Termination of Child support and file it with the court. If he is ordered to pay half of the tuition then he will have to continue to pay it. However if he is not court orders to pay for half of the... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Can I ask for a certain amount of money in a divorce after only 3 months?

He recently physically beat me and was jailed for domestic violence. I also quit my job because he wanted me to and promised to take care of me. This is my first marriage and I'm 47 years old.

Kristine Jones
Kristine Jones answered on Nov 9, 2020

You can always ask for it. Whether or not you receive it will be up to the judge who hears your case.

2 Answers | Asked in Divorce for Alabama on
Q: Can I go to the courthouse and file a legal separation without spouse knowing??
Kristine Jones
Kristine Jones answered on Nov 8, 2020

No. For it to be enforceable, the spouse will eventually need to be served papers.

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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 »

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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... Read 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.

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