What happens if I don’t show up for Court?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
First of all, don’t miss your Court date if you can help it. In most courts in Alabama, if you are properly served and fail to show up for Court, the Judge will enter a default judgment against you and in favor of your spouse (or in the case of a modification or contempt case, [...]
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Can I buy a house while my divorce is pending?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
You should generally avoid making any major new purchases while your divorce is pending. If you purchase a major asset like a house before your divorce is final, it will have to be addressed in the Divorce Decree. This could affect the rest of the property settlement. Also, your lawyer can help you plan to [...]
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Should I hire a private detective?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
There are three reasons people generally consider utilizing the services of a detective in their divorce case: to discover assets, to do a background check and to conduct surveillance. The first two reasons listed can now often be done utilizing online databases instead of the services of a P.I. which can potentially save money. With [...]
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Can I change the locks on the house?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
This question is the converse of the one we asked last week (Should I Move Out?). The general answer is unless you have a Court Order granting you exclusive possession of the home, then you should not change the locks.
If you do change the locks without a Court Order giving you possession of the home, [...]
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Should I move out of the house?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
There is no blanket answer to this question. It depends on the particular circumstances of your case. For example, if custody is contested, it is generally a bad idea to move out without adequate arrangements to take your children with you.
Where custody is not disputed, it still may not be a good idea. Many people [...]
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How long will the divorce take?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I’ll give a good lawyer answer – it depends. In Alabama, we have a mandatory 30 day “cooling off period.” So, if the case is uncontested from the outset, it will take at least that long from the time the Agreement is filed with the Court until the Divorce Decree is signed by the Judge.
On [...]
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Can one lawyer represent both of us?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
No, it is a conflict of interest for one lawyer to represent both sides in a divorce. It is not unusual for one lawyer to draft the divorce documents for an uncontested divorce and there not be a second lawyer involved, but understand that such a lawyer has an ethical obligation to protect the interests [...]
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Can I Stop the Divorce?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
My spouse wants a divorce but I do not want to give it to him/her. How do I stop the divorce?
Unfortunately, you cannot stop the divorce. As I tell my clients, it takes two people to decide to get married, it only takes one to decide to get a divorce. The party that does not [...]
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FAQs – A New Feature
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
Today I will begin posting a series on frequently asked questions. I will cover all aspects of family law from the beginning of the divorce case to the end, and beyond.
I have often heard it said that divorce is the second most difficult event in a person’s life (surpassed only by the death of a [...]
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A better divorce?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I’ve been reading a lot about the process called collaborative divorce.
Collaborative divorce is an alternative way for divorcing spouses to resolve their disputes without going to court. Although it is a relatively new approach, having only originated in the early 1990’s, it is quickly spreading throughout the country. The latest estimates are that there are [...]