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Alabama Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Alabama on
Q: what does this case mean? DR-2009-900-405.01
Jared Dale Vaughn
Jared Dale Vaughn
answered on May 26, 2022

You'd additionally need the county , but this is a case number.

3 Answers | Asked in Divorce, Real Estate Law and Tax Law for Alabama on
Q: I am divorced and even though my ex-wife got the house, why are issues with the house still affecting me?

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... Read more »

Kristine Jones
Kristine Jones
answered on Feb 25, 2022

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... Read more »

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1 Answer | Asked in Divorce for Alabama on
Q: Does the final divorce decree usually list the actual income of the defendant?
Kristine Jones
Kristine Jones
answered on Feb 24, 2022

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

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... Read more »

Philip D. Cave
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Philip D. Cave
answered on Feb 23, 2022

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.

It partly depends on what...
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2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: Does child support for 2 children suddenly drop in half when one child turns 19?

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... Read more »

Kristine Jones
Kristine Jones
answered on Feb 16, 2022

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.... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Q: Married in washington state, recently moved to alabama, (ex) husband included. He moved back to Washington. Need advice.

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... Read more »

Shane Michael Oncale
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Shane Michael Oncale
answered on Nov 1, 2021

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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1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to some type of contributions that I made towards his home that we lived in without my name on the deed?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You would likely be entitled to some portion of the value of the home based on the payments made on the home or improvements done to the home during the time of the marriage regardless of the name on the deed or mortgage. Approximately 50% of all payments made during the marriage or improvements... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
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1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to half of what I paid on the mortgage even if my name was not on the house? I have all receipts.
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 28, 2021

I see the question is asked under "Divorce" so I will assume that you are married to the person who owns the house. If the house was acquired during the marriage, or used for the common benefit of you and the other person during the marriage, then the house is subject to being divided in... Read more »

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Civil Litigation for Alabama on
Q: What is the law when it comes to separation before divorce in AL? Can you move out immediately?

I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »

Shane Michael Oncale
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Shane Michael Oncale
answered on Sep 13, 2021

I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Does the state of Alabama require that divorce papers are completed by a licensed attorney?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 13, 2021

A person can prepare papers (pleadings) for his or her own divorce. If one person prepares pleadings for another person, that is probably the unauthorized practice of law. There is no requirement that pleadings must be completed by an attorney.

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
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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
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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!

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