Alabama Divorce Law & Contempt of Court
I filed a contempt of court proceeding today against a client's husband who violated a Pendente Lite Relief custody order. Pendente Lite is just a fancy Latin way of saying temporary relief. This temporary relief is granted during Alabama divorce proceedings to determine things like child custody and support, temporary alimony during the divorce(so that your spouse just can't cut you off and stop paying the bills) and often determines who gets to stay in the marital home. This alimony, child custody, and child support, is only a temporary order until the divorce is final and the court has made a final determination on things like alimony, child support, child custody, etc.
Well, I was able to secure my client temporary custody of her son, have her husband ordered out of the home, and I was able to obtain temporary alimony and temporary child support for my client during the Pendente Lite Relief hearing. Of course, the husband received standard every other weekend visitation. This past weekend he did not want to return the child to his mother per the court order. In fact, he told her, "the boy is coming to live with me, and there is nothing you can do about it." So I filed an emergency Petition for Rule Nisi, which is a contempt of court proceeding against the husband for his rash behavior. The judge will hopefully rule on the motion ASAP. I asked the court to put the offending husband in jail for five days(each violation of contempt is punishable by five days in jail), asked the court to make him pay my attorney's fees(which are often granted in contempt proceedings), and asked the court to end all unsupervised visitation and for the husband to return the child immediately. I believe the court will rule in our favor soon.
When you need an Alabama divorce lawyer or attorney, do not settle for someone who does not focus his practice on Alabama family law and divorce. I have filed six divorce complaints and answers this week alone. I handle Alabama divorce and family law cases throughout the state of Alabama from a centrally located Birmingham locality. And I publish this Alabama divorce and family law weblog, which requires extensive knowledge of Alabama divorce law to maintain. I therefore, must keep myself informed of all relevant Alabama divorce and family law case law. Do not settle for less.
This is the same trouble I am having.I live in Mississippi and my ex lives in Alabama and is doing the same to me. I did not recieve papers to go to court until Friday evening when it was to late to fine an attorney.
IF someone you know is having an affair and says they filed for divorce is there a way legally to find this out without hiring a detective?
I need information concerning divorce and bankruptcy. How can I stay one step ahead. My divorce has been going on since may 2005 when my husband and I separated. On June 24,2008, 2 weeks before our court date(july 11, 2008) he filed bankruptcy. No one was notified until that day in court.Now we I am awaiting the courts decision to dimiss his chapter 13, because he his over the limits allowed.He will have to file 11 or 7. Our divorce proceeding are on hold until his hearing on Oct 20.What can I do to ensure that I dont lose everything. Will I still get my half of our assets in the divorce? Will the bankruptcy court come after me for debts that don't get paid whether I was involved or not. He has recently removed, hidden,or sold alot of our assets. Mostly cattle, equipment, and miscellaneous items that I have proof existed. He has not provided any proof to substantiate that they have been sold. The money is unaccounted for at this time. He also took his pension and says he invested it into the business that we own. He is in way over his head and I am afraid he is going to take me down with him. Please give me something to ease my mind.
2/17/09
After filing a Rule Nisi, can the husband's attorney file a Petition to Modify the Divorce Agreement as his answer to the Rule Nisi? If not, is there case law or a statute I can cite to the court in favor of my Motion to Dismiss the Petition to Modify?
My fiance's divorce was final last Feb. He didn't even know he was divorced until April. His ex wife works for the Tuscaloosa County Courts and magically had it pushed thru and received everything. She even lied about how much he made to collect more child support. He went thru a period where he didnt work for 3 months and she filed contempt. There is NO attorney that will touch this in Tuscaloosa because "she works for the courts" We need advice!
Can I file a contempt of court against my ex online? If so how can I do this?
I was looking for information and found your page. My divorce was final in February of this year. He has supervised visitation with his mother with the two children. He has a history of using drugs. In the divorce papers it states that I have sole custody of the girls and that he is not supposed to consume alcohol or drugs when he visits with the girls. His mother told me that she was going to take the girls to a relatives swimming pool for their visit. I thought this would be fine because his mother had taken them there last year. Come to find out they didn't take them to a pool but to the river. Their father was drinking and took the girls to cross the river and they hit a sink hole and they almost drowned. My oldest said she was trying to hold on and he would throw her off. He told me my youngest went down under the water and he couldn't find her. He had to take two big strokes down to find her. They really all almost drowned. he is supposed to have supervised visitation for 16 months and then it will go to regular visitation. What should I do? I can't afford to pay my attorney again and really she was the one who talked me into agreeing to let him have regular visitation with after 16 months. I realize that is a long time, but I know how he is. It's scares me to death. I'm supposed to be their advocate. I have to protect them. Please let me know what I should do. thank you.