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
LOYALTY ABOVE ALL ELSE, EXCEPT HONOR
"Peace is that brief glorious moment in history, when everybody stands around reloading." -- Thomas Jefferson
"The credit belongs to the man who is actually in the arena and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."
Theodore Roosevelt
NRA BENEFACTOR LIFE MEMBER
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.
Agree if he has assets including a 401k {half will be hers potentially}. Gotta have one
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.
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!
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.
LOYALTY ABOVE ALL ELSE, EXCEPT HONOR
"Peace is that brief glorious moment in history, when everybody stands around reloading." -- Thomas Jefferson
"The credit belongs to the man who is actually in the arena and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."
Theodore Roosevelt
NRA BENEFACTOR LIFE MEMBER
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!
Democracy is two wolves and a
lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting
the vote. - Benjamin Franklin
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.
Disclaimer: The above is not holy writ. It is just my opinion based on my experience and knowledge. Your mileage may vary.
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
Last edited by jmort; 07-22-2018 at 02:11 PM.
"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.
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.Originally Posted by jmort
Disclaimer: The above is not holy writ. It is just my opinion based on my experience and knowledge. Your mileage may vary.
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.
LOYALTY ABOVE ALL ELSE, EXCEPT HONOR
"Peace is that brief glorious moment in history, when everybody stands around reloading." -- Thomas Jefferson
"The credit belongs to the man who is actually in the arena and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."
Theodore Roosevelt
NRA BENEFACTOR LIFE MEMBER
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!
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.
ΜΟΛΩΝ ΛΑΒΕ
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.
Scrap.... because all the really pithy and emphatic four letter words were taken and we had to describe this source of casting material somehow so we added an "S" to what non casters and wives call what we collect.
Kind of hard to claim to love America while one is hating half the Americans that disagree with you. One nation indivisible requires work.
Feedback page http://castboolits.gunloads.com/show...light=RogerDat
Even this free advice????
It's not the years in your life that count. It's the life in your years (Abe Lincoln)
"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” George Washington
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.
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.
Scrap.... because all the really pithy and emphatic four letter words were taken and we had to describe this source of casting material somehow so we added an "S" to what non casters and wives call what we collect.
Kind of hard to claim to love America while one is hating half the Americans that disagree with you. One nation indivisible requires work.
Feedback page http://castboolits.gunloads.com/show...light=RogerDat
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
LOYALTY ABOVE ALL ELSE, EXCEPT HONOR
"Peace is that brief glorious moment in history, when everybody stands around reloading." -- Thomas Jefferson
"The credit belongs to the man who is actually in the arena and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."
Theodore Roosevelt
NRA BENEFACTOR LIFE MEMBER
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.)
Last edited by am44mag; 07-23-2018 at 08:15 AM.
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