Electronic Evidence

I was just taking a course in Electronic evidence in Family Law and have come to the conclusion that all my clients should never own a hard drive. It's amazing how much of a electronic paper trail that can be left by people via cell phones, car gps, computers, and their MySpace pages.

Alabama Divorce and Retirement

During divorce, people don't always think their Retirement funds or Pensions will be included. They tend to view retirement as an individual reward earned after suffering through years of work. Here are the condition set about in the Code of Alabama in regards to these retirement benefits:


Section 30-2-51(b)

The judge, at his or her discretion, may include in the estate of either spouse the present value of any future or current retirement benefits, that a spouse may have a vested interest in or may be receiving on the date the action for divorce is filed, provided that the following conditions are met:

(1) The parties have been married for a period of 10 years during which the retirement was being accumulated.

(2) The court shall not include in the estate the value of any retirement benefits acquired prior to the marriage including any interest or appreciation of the benefits.

(3) The total amount of the retirement benefits payable to the non-covered spouse shall not exceed 50 percent of the retirement benefits that may be considered by the court.

(c) If the court finds in its discretion that any of the covered spouse's retirement benefits should be distributed to the non-covered spouse, the amount is not payable to the non-covered spouse until the covered spouse begins to receive his or her retirement benefits or reaches the age of 65 years, unless both parties agree to a lump sum settlement of the non-covered spouse's benefits payable in one or more installments.

Stalking in Alabama Divorce Law

Domestic Violence requires a strong knowledge of Criminal and Family law. I wanted to mention the crime of Stalking for a moment. Around 16 years ago, the Alabama Legislature passed our current stalking laws. Since then case law has fine-tuned it. The most common occurrence in Family Law usually involves a former spouse who stalks the other. Here is the actual law from the Alabama Code:


Stalking.
(a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.(b) The crime of stalking is a Class C felony.

Aggravated stalking.
(a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking. (b) The crime of aggravated stalking is a Class B felony.

Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(a) COURSE OF CONDUCT.A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.
(b) CREDIBLE THREAT. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.
(c) HARASSES. Engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term.

Abandonment Divorce in Alabama

The Alabama Law allows Abandonment as grounds for Divorce in section 30-2-1 (a)(3) of the Alabama Code. It describe Abandonment as one year of voluntary abandonment from "bed and board". Don't be fooled by the term "voluntary", because it is only referring to the departed. It has to be done without the other spouse's agreement. So a separation, where both spouses agree, cannot be considered Abandonment. It is not abandonment if a spouse just moves to another part of the house and no longer sleeps in the same bed. The decision to leave must be final with no intent to return.

Value of Degrees and Licenses in Alabama

Value of Degrees and Licenses
Is a college degree or professional license part of the Martial Estate in Alabama? Does it have a value that can to be shared? Many states have laws of the books to address this issue. Alabama does not. This asset is considered only because it produces income for support. Therefore, if a married couple spends their income to send one of them through medical school; it seems unlikely that the other spouse can demand repayment at the time of divorce for this expense.

Alabama Alimony

Part I

Many joke that Alimony comes from the blurring of the words "All-the-money", but this makes light of a serious legal and social issue in Alabama. The word actually comes from the Latin 'alimonia' which means sustenance.

There are two main types of Alimony in Alabama: Alimony-in-Gross and Periodic Alimony. The main difference is that Periodic payments continue until a certain event occurs (remarriage, death, etc) but In-Gross is like your car payment. It is for a certain amount which is payable over a certain time.

There are advantages and disadvantages to both.

Woodman Law Introduction

The purpose of these articles is to discuss issues in Family Law in Alabama with a focus on Shelby and Jefferson Counties. I will try to add a new subject every week.

This material is for informational purposes only. Before you rely on any of this information, please consult an attorney.

"No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."