It depends. You can always file for divorce and seek alimony and child support it really just depends on the details of your case whether or not you will actually get it. There are a lot of factors that go into determining these situations. You should absolutely seek a local family law attorney to...View More
In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the...View More
The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be...View More
Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest
Child support belongs to the child, and child support forms are required by law. There are certain circumstances where the parents can justify to the court that child support should not be ordered (for example, joint physical custody with equal parenting time; both of you make the same amount and...View More
I’m married and my husband IS the father but he left after I got pregnant and has done nothing to provide for my unborn child. I would like to still give my baby his last name but I don’t want my husband on the birth certificate since he’s put in no effort to help me during my pregnancy.... View More
If you are married, your husband is the child's presumed father in Alabama. Parents can ordinarily name their children whatever they would like; however, the law presumes that he is the father of the child because the two of you are married.
If you and your spouse have no children or assets, you can get a fast and cheap divorce in Alabama through a process called an uncontested divorce. This means that you and your spouse agree on all of the terms of the divorce, including the division of property, alimony, and child support.
In Alabama, the statute of limitations for defamation is generally two years from the date the statement was made. To begin the process, typically you would start by filing a complaint in the appropriate court.
Disguised as anxiety and depression, my wife has finally shown her true colors as a vulnerable narcissist, admitting that she threatened suicide and even asked me to help her commit suicide because she is a drama queen and just did it for attention. Claims her anxiety and depression prevents her... View More
**I am a New York Attorney - so my answer only applies to laws in New York.
New York is a "no fault" state. As such, absent "shocking the conscious" claims, maintenance is determined by parties' income and a percentage of length of marriage. In other words, most of...View More
I got a divorce and the lawyer put my worng last name do he have to fix my divorce Decree put it say restored back to her marriage name case the lawyer said it do not matter won't on the divorce decree my last name still my marriage last name christopher he got my worng last name do my divorce... View More
Hello. If you sent him Discovery in your divorce, then you and your attorney in that matter would have received his answers so no need to ask his attorney to reproduce items you received. Best of luck in your next case.
Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!
What would the legal ramifications be if a vehicle is repossessed after a divorce decree? In the decree, I was responsible for paying the loan (in my. name) for her 4-Runner. I've had job changes and am making less money now. I am currently 2 payments behind and not sure I will be able to... View More
Hello. Thank you for your question. Without knowing if you had a trial or reached settlement prior to trial, you may be subject to a Contempt action, modification of other provisions in the Agreement or Decree, and paying court costs/ her attorney fees.
If I can collect on some of the delinquent monies owed. If so what do I need to file? Also I dont feel DHR is really on my side. NCP is lying about his income I have shown them where he has spent 70 thousand dollars in 2 years buying property but only claims 18 thousand a year.
This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... View More
Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere...View More
Hello. No, divorce decrees are public records. They do not contain personal information like income, credit card numbers, or anything financial. Money/amounts owed would be the only thing listed in a decree. Thanks for your question.
My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More
You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.
My oldest turned 19 & my youngest is 16. When my son turned 19 their father cut child support from $400 for 2 & then started paying $200. There was no discussion or anything. I just started receiving 1/2 of the payment. I was just wondering if that is the way it is suppose to be done or if... View More
Thank you for your question. No, that is not how child support is calculated. It should have been recalculated according to Rule 32 guidelines. A modification to recalculate should be filed to address the remaining child and enter an IWO so the arbitrary reduction in payments do not happen again....View More
I have been seperated from my (ex) for 3 years, we all moved to alabama 4 months ago, so my kids and i have not established residency yet. He moved back to Washington State after having problems here. I would like a divorce and a parenting plan in place because he is already asking to have the kids... View More
There is a whole lot to unbundle in your scenario and you really need to set up and have a consultation with an attorney with experience in the particular venue where your case will be filed. It is going to take some finesse to work your situation to your advantage.
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