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Am I able to put adultry in the divorce : Ok me and my fiancé lived together on lease raised my niece for a few years I applied for disability and on bottom of paperwork it say we are common law marriage I do use his last name our choice I also get mail under his name he has had an affair and now lives with her and she's pregnant

Asked over 1 year ago in Divorce

Katie’s answer: Alabama does recognize common law marriage. However, whether or not you are considered common law married depends on many factors which some include:
Do you or did you, at the time you began the relationship have the capacity to marry;
Did you intend, both you and your fiance, to agree or consent to enter into the marriage relationship;
Did you hold yourself out to the public as being married (did you introduce yourselves as husband and wife, did you use his last name, we're you listed on medical forms as spouses, did you file your taxes jointly or separately as married; and.
Did you live together as husband and wife and all that entails?

If so, then you are probably considered common law married. Further, if that is the case, you will have to seek a divorce through the courts. As far as alleging adultery, yes you can claim that as a ground for divorce, but you can also get a no fault divorce without claiming specific grounds.

Answered over 1 year ago.


Can I put an ad in the paper after filing for an uncontested divorce? Will I be able to get legal aide for this?: I've been wanting to file for divorce for the past 2 years. My ex husband lives somewhere in Texas and won't ever tell me his address. I want an uncontested divorce and want to make sure he signs the papers.

Asked over 1 year ago in Divorce

Katie’s answer: An uncontested divorce is only obtainable if both parties agree and can settle all issues of the divorce. From your question above, it does not sound like this is possible if you do not know his location and thus have not had any communication regarding the issues. With that being said, this would most likely be filed as a contested divorce and your husband would have to be served. If you do not know his current address, you must attempt to serve him at his last known address to show that you have complied with the Rules. If this is unsuccessful, you may then file a Motion with the court in which your divorce is pending and request permission to serve your husband by publication. Rule 4 under the Alabama Rules of Civil Procedure govern proper service of process. Please review the document below for the proper procedure. http://judicial.alabama.gov/library/rules/cv4_3.... Legal Aide works with clients who meet a certain income guideline. Alabama does have legal aide. You should contact them and see if you meet their guidelines.

Answered over 1 year ago.


HOW DO I GET OFF of CHILD support if the CHILD isn't mines and DHR got the results after the judge told me to get a outside test: CHILD SUPPORT

Asked over 1 year ago in Child Support

Katie’s answer: If you were married to the mother of the child when the child was born, then Alabama law presumes you are the father. However, that presumption can be overcome by a DNA test that shows you are not the father. Once you get the DNA test done and the results are in your favor, you need to request the Judge to make a final determination that you are not the child's father based on the DNA results. I am located in Montgomery and practice in this area of law.

Answered over 1 year ago.