The answer to that questions is yes and no. In 2016, the Alabama Legislature passed a law banning the recognition of new common law marriage. Since January 1, 2017, couples who seek marriage can no longer hold themselves out to the public as husband and wife. They must legally get married. Since 2017, couples seeking marriage must take a few steps to become legally married. The steps are as follows: the couple must engage in a ceremony that is solemnizedContinue reading
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How is Alimony Determined in Alabama?
In Alabama alimony is discretionary. This means that the presiding judge over a divorce case will decide whether a spouse should be awarded alimony and how much alimony that spouse will be awarded. As a rule of thumb, long marriages are a more likely candidate for an alimony determination. However, this is not always the case. Instead, the court will take other factors into consideration. The factors are not all inclusive, and they are not always weighted equally. The factorsContinue reading
5 Ways a Protection From Abuse Order (PFA) Against You Can Impact Your Life
A PFA may require you to move out of a shared apartment or home. You may need to find a new place to live very quickly. The order could require you to stay away from your children. It could grant your accuser full physical custody of your children and require you to pay child support. The order can require you to let your accuser keep a shared vehicle or your vehicle. You could suddenly find yourself without a vehicle youContinue reading
PROTECTION FROM ABUSE ORDERS (PFAs)
Divorces and child custody cases can involve accusations of domestic violence. Alabama’s Protection from Abuse Act (Alabama Code § 30-5-1 et seq.) allows a victim of domestic abuse to file a petition with the court requesting protection from the alleged abuser. A PFA is granted ex parte, meaning that the alleged abuser will not be notified about the petition until a PFA has been entered by the court. DEFINING DOMESTIC ABUSE The Protection from Abuse Act defines domestic violence on the basisContinue reading
What is Discovery?
by Kaylee Logeston, Esq. One of the first questions I was ever asked as a new attorney was from a plaintiff-client who was terribly upset and overwhelmed after receiving discovery requests from the other side. They did not understand why they had to answer questions and produce documents when they were the plaintiff who filed the suit in the first place. They were, after all, the person who was taking the other side to court. Despite the overwhelming monotony ofContinue reading
RIGHT OF FIRST REFUSAL IN CHILD CUSTODY CASES
by Kaylee Logeston, Esq. So long as safety concerns are not at issue, I think everyone can agree that it is important for a child to spend time with both of their parents. It sounds simple, but divorced or separated parenting situations can make this difficult. Emotions and strong disagreements that pit one parent against the other can impact the time that each parent spends with their child and, in turn, affect parent-child relationships. Allocating parenting time in shared parentingContinue reading
WHAT TO EXPECT DURING YOUR FREE CONSULTATION
by Kaylee Logeston, Esq. People might not know what to expect during a consultation with an attorney and, as a result, may feel nervous about reaching out. Consultations are simple! Here is what you can expect during your first consultation at the Birmingham Men’s Law Firm. FILLING OUT THE QUESTIONNAIRE Whether you come into the office or give us a call, the longest amount of time is usually spent filling our client questionnaire. You will be asked to fill outContinue reading
Top 6 Reasons Why You Should Consider Divorce Mediation
by Kaylee Logeston, Esq. Whether you are trying to reach an agreement or renegotiate an old one, mediation is a great option to consider. Settling disputes through mediation can save money, time, and leaves both parties feeling as if they have been heard. Here are the top six reasons you should take advantage of mediation in your divorce. 1. Convenience. The mediation is arranged at a meeting place that is convenient to both parties. Each party will usually start theContinue reading
Divorce in Alabama: “How Does this Process Work?”
This is, by far, the most often-asked question we get here at the Birmingham Men’s Law Firm. If you have found yourself reading this, chances are that you have been upset and in emotional turmoil for a while. You may be contemplating getting a divorce from your partner. You have no idea what the future holds. To top it off, you have no idea how getting a divorce even works. There are two types of divorces: uncontested and contested. Let’sContinue reading
Cryptocurrency and your Divorce
Are you familiar with the idea of “cryptocurrency”? Much as the name suggests, cryptocurrency is a type of currency that is digital – and encrypted – in nature. In addition, it is stored and transmitted entirely online. As a result, encryption is often used to help keep these funds secure against leaks or other cybersecurity breaches. Bitcoin is perhaps the most well-known example of this kind of currency, but it is not the only option available. Let’s take a lookContinue reading