Alabama Divorce Legal Questions

That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients, and if they had, it would have shown that he talked with you about it already.  Representing her on the same or similar matter that you consulted him about is a violation of the Rules of Professional Conduct.  You should talk with your attorney about advising the other attorney that he needs to withdraw from representing your spouse, and if not, them you may want report him to your state bar.   In fact, you may want to report him whether he withdraws or not.  If he is not performing conflict checks before taking on new clients, you might be doing future potential clients a favor by making sure he is re-educated on that requirement.  Talk to your attorney about it.  ... Read More

In order to more fully answer your question, it would be helpful to see your divorce agreement or divorce decree. The way that the property division is structured or worded may impact your options moving forward. Aside from looking at that specific language my other questions/concerns would center on how the house is financed and the impact of simply conveying the home to her without considering some of those factors. For example, if you were to simply convey the home to her, but the mortgage is still in your name, then that may impact your finances and ability to get another home down the road. This may be one of several issues to troubleshoot. ... Read More

In Alabama parties to a divorce are typically entitled to an equitable (fair) division of what's been acquired during the marriage. It would be helpful to know how an item was purchased and how it's titled, whether there is a prenuptial agreement, and to some extent the facts surrounding the breakdown of the marriage. All of these things can impact how property is divided in a divorce. As for custody, a judge is charged with awarding custody in a way that will be in the best interest of the children. There are many factors that are important in determining best interest and a judge would look at a variety of circumstances like fitness of either parent, age of children, ability of each parent to co-parent and more. Furthermore, if there are safety or welfare concerns about the children being with one parent those would be important facts to consider as well.  Each divorce is a different as the people involved in it. It's important that you talk with an attorney about your specific facts and case to fully understand your options and how the law may apply to you.... Read More

You have given us very little information to go on.  The quick but cautious answer to your questions is, possibly, yes.  You must consult with a divorce lawyer (they are also referred to a family relations lawyers), and truthfully answer every single one of the many questions he or she will ask you, no matter how difficult or embarrassing they may be.  Don't be too sure you can't afford a lawyer.   There are ways around that problem, including assistance from sources of free legal aid.  The lawyer you consult, or his or her intake staff, will discuss these with you.  The thing you have to understand is that you have to have a lawyer or you will not get whatever you're entitled to.  If you can't find one locally call the Alabama State Bar Association and ask about how to apply for the assistance of one of their volunteer lawyers in their VLP - Volunteer Lawyer Program, who will help people in your situation without charge.  An alternative path to the same kind of help is provided by a non profit entity called Legal Services Alabama.  Call them at 1-866-456-4995 and discuss your situation fully with them.  And good luck.  The help you need is there for the asking, if you qualify. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.    ... Read More

For starters, you may need a lawyer in Virginia Beach, not Alabama.  Its hard to believe that a divorce case has been left pending for 11 years, but its possible.  It may have been dismissed.  If it hasn't been, you can probably dismiss it and start over, possibly in Alabama.   If it has been or can now be dismissed, and you now live in Alabama, your circumstances may be such that you can get your divorce from an Alabama court.  Start with an Alabama lawyer and go from there.  He or she can check out the status of the case in Virginia Beach and advise you from there.... Read More

We have a wide variety of judges in Alabama and they have very different opinions on this subject.  The law is supposed to be impartial, but that goal suffers when very personal problems are placed into the hands of fallable humans to decide.  This situation matters more to some judges than to others.  I assume that there is a divorce case pending.  If so, your sister should ask her lawyer for advice.  I can tell you what the standard answer to this question is, and that is this:  No, it is not a good idea for you to move in with your boyfriend while you have a  divorce case pending, and what are you doing with a boytfriend, anyway?  You should not be dating, let alone have a boyfriend, until the divorce is final. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.  ... Read More

The fact that you are having sex with your ex-husband before, during and after the two of you drafted your divorce papers will mean absolutely nothing in court. Your ex's daughter will have nothing to do with your divorce from her father, as long as you never legally adopted her and she has no bearing on your divorce from her father. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate... Read More

If your husband is violent or has threatened violence, you should consider getting a protective order against him so you no longer live together (he would have to leave the residence). If he hasn't done this in over a year, it was too long ago for a protective order to issue now, but if he does anything like that again you can get one. Nevada is a community property state, so all of your assets and debts are subject to being divided equally. He gets half of everything you have, and you get half of everything he has.... Read More

You can file for a divorce without any of these facts, simply because you no longer wish to be married. Nevada is a no fault divorce state, which means you can get a divorce because you have incompatible differences. No other "grounds" are necessary. Your husband's activities are irrelevant in Nevada for the divorce case, as to grounds, and as to assets and debts, with the possible exception of him having wasted marital funds on non-marital activities. However, his actions may be relevant to alimony, and also to custody. You need to consult with an attorney to determine your best course of action, and you need to let your husband go as your marriage is clearly over unless you are willing to continue putting up with his abuse.... Read More

You asked:  n my divorce, we signed a document stating no animals or livestock at the living residence was to be sold since we were not living together but wereAdditional Details:married. That document was posted in October. December 4 2011 he sold my daughters horse to someone in a close state What can i get him for? I am a Michigan attorney, but may be able to offer some guidance.  If your Judgment of Divorce provided that he was not permitted to sell the horse, then you would have to file a motion asking for help from the Court.  The Court would have several options including doing nothing, holding him in contempt, ordering him to give you 50% of the value of the horse, or replacing the horse. I strongly recommend that you talk to a local attorney to find out all of your options. Stu Shafer... Read More