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Frequently Asked Divorce Questions
An uncontested divorce means that both parties have resolved all issues before the divorce is filed in court. Once filed in court, all the judge has to do is sign off on the final order granting the divorce.
A court of competent jurisdiction (Circuit Court) can grant a divorce as long as sufficient evidence has been presented that there are adequate grounds for divorce such as: disagreements, incompatibility of temperament, abandonment, abuse, adultery etc.
No. You can file the divorce on your own. The matter will be set for a hearing and, after testimony, the Court will grant the divorce as long as all parties have been properly served, the divorce complaint was filed in the correct county, and there are no reasons to stop the divorce from going through (such as one party is in the military, one party is incompetent or underage, one party is deathly ill, etc.).
Under Rule 32(B)(5), Ala. R. Jud. Admin., "[i]f the court finds that either parent is voluntarily unemployed or underemployed, it shall estimate the income that parent would otherwise have and shall impute to that parent that income; the court shall calculate child support based on that parent's imputed income." The determination whether a parent is voluntarily underemployed within the meaning of Rule 32(B)(5) "is to be made from the facts presented according to the judicial discretion of the trial court." Winfrey v. Winfrey, 602 So.2d 904, 905 (Ala.Civ.App.1992). Although the husband argues that the trial court did not find him to be voluntarily underemployed, the trial court's imputation of income to him and its express determination that its child-support award was not in compliance with the Child Support Guidelines because of the husband's underemployment indicates that the trial court implicitly found the husband to be voluntarily underemployed. It is well settled that "where the trial court does not make specific factual findings, this court will assume that the trial court made such findings as would support its judgment." Berryhill v. Reeves, 705 So.2d 505, 507 (Ala.Civ.App.1997). Herboso v. Herboso, 881 So.2d 454 (Ala. Civ. App. 2003)
If someone has purchased something in your name or used your social security number without your permission, IMMEDIATELY file a police report, then contact EXPERIAN, EQUIFAX, and TRANSUNION and inform each agency that you would like to place a FREE credit freeze on your account. Instruct each agency that you believe you may have been the victim of identity theft. Pull a copy of all three credit reports and contact each company that is listed that states you did business with them and (you didn't) and inform them that you have been the victim of identity theft and ask them to void the purchase or transaction. Please have a copy of your police report just in case they ask for it.
COUNTIES SERVED: Jefferson, Shelby, and sometimes Blount.
You are presumed to be the father if the child is born during the marriage or within 300 days after the marriage ended by death or divorce or annulment. As Kanye says in GOLDDIGGER: "18 years, 18 years, he paid child support for 18 years and the kid ain't even his." Make sure you request a paternity test if you have any concern about the baby or child being yours. MAURY'S GUEST leave out that all the men she tested for being the daddy also may have been paying child support for kids not even theirs.
AUPA. § 26–17–204(a), Ala. Code 1975 (providing that "A man is presumed to be the father of a child if: (1) he and the mother of the child are married to each other and the child is born during the marriage; (2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce...."). M.C.S. v. R.D.S. (Ex parte N.M.D.), 249 So.3d 511 (Ala. Civ. App. 2017)
Alabama Code §35-9A-164: "The tenant may not withhold payment of rent to the landlord, while in possession, to enforce any of the tenant's rights under the law."
Ala. Code §35-9A-163(a)(1): A rental agreement may not provide that the tenant agrees to pay the landlord's attorney's fees or cost of collection.
Manufacturing or using illegal drugs. Ala. Code §35-9A-421(d)(1)
Discharging a firearm on the premises. Ala. Code §35-9A-421(d)(2)
Criminal assault of a guest or tenant on the premises. Ala. Code §35-9A-421(d)(3)