Divorce in Alabama

[DCP]

Grandson is going threw a Divorce in Alabama

They reached an agreement which they both signed.

That had to sit on the Judges desk for 30 days.

She who left for a new beau change her mind and wanted more and revoked her signature.

Any help will be appreciated

[jmort]

He needs an attorney.
Alabama is an equitable distribution State with fault as a consideration for the court.
I normally say avoid attorneys if you can, but here, if there is fault on the other party, an attorney will be critical. Get someone well known in the courthouse where this will be heard.
Get an attorney, yesterday.

[Handloader109]

Agree if he has assets including a 401k {half will be hers potentially}. Gotta have one

[KenH]

Seems like Alabama requires a set period of years married for the equitable distribution to kick in. Seems like I was told 10 yrs, but in this case it seems like a lawyer might be required. Think and consider about how much extra she's wanting - might be less expensive than a lawyer to reach a compromise. BUT - it does take both parties to compromise.

[DxieLandMan]

In order to get half of retirement, pension, etc, you have to be married for 10 years. The best piece of advice is to get an attorney. Even if you do not think you will need one, GET ONE!

[DCP]

He has an Attorney
Married less than 6 yrs

Had an affair with there friend

He went to talk to her about a month ago cops told him he had to leave. He did
He was arrest Fri and spent 8 hours in jail charged with criminal trespass over a month later. It took a month.

The jailers and a cop friend, he works out with can't figure why it took them a month.

I have to wonder if there more to this story.

[Rick N Bama]

I live in Alabama. The husband of a lady I worked with decided that the buyout money from her retirement was worth more than the marriage and after some 25 years divorced her. Even though he left her he still wound up with half of her retirement funds. She had to go back to work to survive until SSI kicked in. Tell your son to get a lawyer now!

[Char-Gar]

I was a Texas Attorney for 50 years and recently taught Family Law at a local University in the Legal Studies program.

Here is my free counsel to you: Never under any circumstances get legal advice from people on the internet! NEVER EVER.

[jmort]

No one suggested otherwise. Does not take 50 plus years to figure this out. I only have 30 plus years and I figured it out without self-aggrandizement

[jmort]

"He has an Attorney
Married less than 6 yrs

Had an affair with there friend"

In Alabama that should work to his favor. Whoever the attorney is, make sue they are well-known in the courthouse where the case is being heard.

[Char-Gar]

No one suggested otherwise. Does not take 50 plus years to figure this out. I only have 30 plus years and I figured it out without self-aggrandizement

You just can't help yourself can you. You never miss a chance to take a dig at me. I guess you will be back on my ignore list. I was hoping you would do the same, but it look not. I do not understand your animosity toward me, but there it is. I keep thinking you might spit out whatever is stuck in your craw and learn to control yourself.

[DCP]

Folks sorry for any confusion. I wasn't asking for legal advice. He has a lawyer and won't listen to me anyway.
I wanted insight on Alabama law.

I didn't know you could break an agreement and revoke your signature.
I also didn't know you can get arrested a month later when you left on your own and no charges were filed.

[clintsfolly]

The thing to remember about divorce is “ At one time the person your divorcing was closest person to you. No one knows you better then them!” Let your lawyer do the talking!

[2wheelDuke]

Folks sorry for any confusion. I wasn't asking for legal advice. He has a lawyer and won't listen to me anyway.
I wanted insight on Alabama law.

I didn't know you could break an agreement and revoke your signature.
I also didn't know you can get arrested a month later when you left on your own and no charges were filed.

I'm not sure about other places. But in my county in Florida, the arrests are typically public information. Anybody can log into the clerk of court website and have a look at the case. Any sensitive info is redacted of course, but you can see the charging documents.

[RogerDat]

Lawyer representing your son is doing just that, his client is your son. You would need to consult with your own attorney for advice on relevant local laws in order to get accurate information. You raised a lot of issues.


Revocation of prior agreement
Trespass charge validity.
Does trespass charge matter in divorce proceedings.
Suspected other party involvement.
How much does infidelity matter.
Can infidelity be proven?
What equitable property division laws apply to his 401k.


His lawyer can't discuss your sons case with you. The internet can't provide real answers, only add to your confusion. That means if you really want to know answers to the above questions your best bet is to pay for an hour or two of a local lawyers time to get half way decent information. Even if only for your own understanding. For the record your son should probably listen to his attorney more than his father. But a lawyer can't provide the genuine concern that a father can. Different job.

I will say if she goes for any sort of restraining order, his lawyer should go for one against her. If he can't threatened or be within 500 feet of her then try to get the same restraining order against her.

[merlin101]

I was a Texas Attorney for 50 years and recently taught Family Law at a local University in the Legal Studies program.

Here is my free counsel to you: Never under any circumstances get legal advice from people on the internet! NEVER EVER.

Even this free advice????:bigsmyl2:

[osteodoc08]

Divorce sucks, even if it’s no fault of your own. I wish him a speedy and fair and equitable divorce. That won’t happen, but one could hope.

[RogerDat]

My advice is worth what you paid for it. Or about 1/2 that if you ask my wife!

My ex-was mad as a wet cat about my having a restraining order on her. I also think based on her actions that she was dying to generate police reports or charges to make my case weaker. Didn't work. Man did she hate I had her served with divorce papers. Spent the whole divorce trying to get even, or get as much as she could.

[DCP]

Let see FYI I know about IL law, not Al

Why would I Pay 200-600 for a lawyer for an hour or two for info?
I was concerned

Of course, he should listen to his attorney.
There have been Attorneys that deliberately cause the issues to build up their fees.
Then go out to steak and lobster to celebrate

I thought some guys from Al could give me some insight.
Those who did thank you

Last and again this is my Grandson which it says in the OP

[am44mag]

I also didn't know you can get arrested a month later when you left on your own and no charges were filed.

I'm no lawyer, and certainly no expert in Alabama law, but I am only a few months away from having a bachelors degree in criminal justice. As such, I know a little bit about penal codes. If he has never been trespassed from that property before, and did not refuse to leave once asked to, I do not see how they could charge him with criminal trespass. I also fail to see the logic in waiting a month before charging and arresting him. If it was going to happen, it should have happened that night. My opinion is that it's a BS charge, but my opinion is worth what you pay for it. Are the charges still active and did he bail out of jail, or did they simply cut him loose?


2009 Alabama Code

Title 13A — CRIMINAL CODE.

Chapter 7 — OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY.

Section 13A-7-4 Criminal trespass in the third degree.

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation.
(Acts 1977, No. 607, p. 812, §2607.)

[Lloyd Smale]

there you go. Everyone that's been though a divorce is an expert! Youd think all the divorce attorneys would be starving. I went though one and the first and best advice I ever got was get an attorney! My ex went into court with a couple girl friends that were her experts. When she saw things going back she asked the judge for a court appointed attorney and a delay of the trial. He told her its not the courts responsibility to provide her a free lawyer and she had plenty of time to find that out and hire one. Who do you think came out ahead in that one???? Her girlfriends did help though. The joined in on the cussing at me when we walked out and it just made me smile more! Cost me a grand and it was the best money I ever spent. Michigan is a 5050 state. Thing is I had very little equity in my home. Had a old rusty blazer and a new truck (with payments) She got the blazer, half the furniture and a 2k payout on the equity we did have. That and a trip to the welfare office. We got joint custody (again mandatory in MI) and I had to pay her 300 dollars a month child support for two kids for about 3 years and half that for another year for the other kid until he decided hed rather live with me. Could have went after her for support when he moved in but then id actually have to deal with her again. The son still doesn't want anything to do with her. But all that said the real dumb ___ here was me for falling for a loser to begin with.
I was a Texas Attorney for 50 years and recently taught Family Law at a local University in the Legal Studies program.

Here is my free counsel to you: Never under any circumstances get legal advice from people on the internet! NEVER EVER.

[DCP]

I'm no lawyer, and certainly no expert in Alabama law, but I am only a few months away from having a bachelors degree in criminal justice. As such, I know a little bit about penal codes. If he has never been trespassed from that property before, and did not refuse to leave once asked to, I do not see how they could charge him with criminal trespass. I also fail to see the logic in waiting a month before charging and arresting him. If it was going to happen, it should have happened that night. My opinion is that it's a BS charge, but my opinion is what you pay for it. Are the charges still active and did he bail out of jail, or did they simply cut him loose?

He spent 8 hours in jail. didn't say how or why he got out. He was really upset. He ends the conversation pretty quick said he had a lot to do. I told him I had a lot of ?s. Said he was sorry but had to go. Jailers said it was a BS charge and a cop he works out with said the same. I think there is more to story as he didn't have time to answer my ?s. He wouldn't be the 1st that did something stupid.

[DCP]

Again He has a Lawyer.
I do not need one.
I was seeking information

[RogerDat]

Again He has a Lawyer.
I do not need one.
I was seeking information

You can hire a lawyer to answer your questions and the price will probably be fairly modest. As lawyer fees go. They know they won't have the whole case to deal with and a consultation might well be something you can get a fixed price on. Especially if you have a list of what you want to know.

I think someone said they thought arrest records are public records but only you know if your son would take offense at you looking over his shoulder by asking for the court house or a lawyer to send you the record. If you are in the last state to approve CC then it would be harder to get consultation or information. Pretty darn sure Alabama ain't that state.

Almost always some sense of failure or at least unsuccessful outcome to getting a divorce. Even the injured party has to deal with a lot of negative stuff. The worse she is the more it makes you question your judgment for being with them. If they aren't all bad then it can be hard to accept things not working out without thinking maybe there was stuff you could have done differently.

Very good bet your son is going through a lot and it might be he just doesn't want to talk about it right now. Not a whole lot of good he can say about it, and unless he likes complaining.... why burden his dad with the details he doesn't want to go into anyway?

[Petrol & Powder]

Getting legal advice on the internet is like getting surgery from a homeless guy in the park. You might get lucky and run across a homeless guy that was a brilliant surgeon, but the odds aren't in your favor.

[DCP]

FYI I WASNT LOOKING FOR LEGAL ADVICE !!!!!!!!!!!!!


They went to court today. Sit down no drinking coffee, or beer. You have been warned

He lost one of 2 dogs
About 3 grand for a dog in lawyer fees.

Yes, you read that right she just wanted a dog!

[Tom W.]

When my first wife wanted a divorce, everyone in the town was poking her but me. She wanted me to sell the house, and from the proceeds all she wanted was $5000, and for me to keep our middle son, she wanted to keep the youngest one, and the oldest was already married. I jumped all over that deal. I packed her up and sent her on her way. I paid half, she paid half and I don't regret it a bit.

I sold the house to my oldest son for $5000 over what he owed on his trailer and moved into it free and clear, not making any profit on the sale, just getting out from under the burden of paying her. I married again several years later, and after 16 years or so she passed away. Now I'm here with my 3rd wife, happy as a clam, with the exception of not going fishing as much as I used to.