Why be afraid of a jury?

A jury is a group of people who, under oath, are given a question by a court and answer with an impartial finding of fact. People sitting on a jury must be qualified. For example, they must be legal citizen, they cannot have been convicted of a felony and they cannot have such prejudice for or against any element of the question submitted that they cannot be impartial. In its simplest form, a jury sees, hears, smells and sometimes touches evidence and determines the truthfulness of it.

Almost every defendant is silent or denies guilt. The jury hears the tension in the defendant’s voice, sees the expression of the defendant’s face, and determines if the denial is credible or not. If the defendant smells or acts intoxicated, the jury can decide if that simple fact impacts credibility or not. The jury considers all of the evidence that supports or challenges the defendant’s claims.

The jury tempers the law with what is acceptable in our community. What is, for example, obscene? What is, for example, harassing? What is, for example, abusive? Only the jury can say. What jury, seeing that a company or person acted fair and just, would rule against it? What jury, seeing that a person made a false claim, would rule for him or her? Juries have an uncanny ability to recognize a false claim.

On the flip side, if the defendant is cheating people, isn’t that bad for everyone. Good business helps everyone. Bad business is bad for everyone – even other businesses.  Imagine a claim against your company. Although not legally permissible, imagine that the jury is made up of your company’s customers, employees and vendors.  If you follow good business practices, you are delighted. Otherwise, maybe you are afraid of the jury.   blb (205)912-8248

Can I deduct my child support and/or Alimony payments on my taxes?

Child support payments are not tax deductable for the person who pays it and the recipient of child support is not taxed on the support received. Alimony on the other hand is tax deductable for the person who pays it and taxable for the person who receives it. jdf (205)912-8247

At what age can my child decide which parent he/she wants to live with?

In Alabama there is not a certain age that will automatically allow a minor child to choose which parent they wish to live with. The Judge can take testimony from the child and consider the child wishes; however, the judge will ultimately make their decision based on the best interests of the minor child. Jdf (205)912-8247

My ex-wife can't pay her half of the house until it sells. What can I do?

My ex-wife is not interested in the house anymore because she cannot afford to pay her half until it is sold as ordered by the Court.  Can she just Quit Claim Deed her interest to me?

Although a Quit Claim Deed is used to transfer ones interest in property to another, I avoid using any kind of written agreement that would attempt to change a Court Order.  In this case the proper way would be to do a Joint Petition to Modify.  This way the changes will be made by the Court and you will not have to worry about her bringing some type of claim later.

JDF (205) 912-8247

My girlfriend/boyfriend and I have a child together. Who has custody of the child if we separate?

The mother will have custody of the child in this case even if the father’s name is on the birth certificate.  The father will need to have paternity established through court proceedings since paternity was not established by marriage.

The court may establish paternity by testimony and/or by DNA testing.  In my experience the Court will establish paternity by DNA testing even though the parties are willing to establish it through testimony.   JDF (205) 912-8247

I have lived with my boyfriend for 6 months. Are we common law married?

"A valid common law marriage exists in Alabama when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation."** 

So the four requirements for a valid common law marriage are:

1. capacity to enter into a marriage
2. present agreement or consent to be husband and wife
3. public recognition of the existence of the marriage
4. consummation
 

The court may look at the time couples are together; however, time is not one of the four requirements for a valid common law marriage to exist.  It is possible for couples to be common law married in one day if you meet the four requirements or live together for years and not be common law married. 

JDF (205) 912-8247

**See Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).

What is the difference in a uncontested divorce and a contested divorce?

The simple answer is, an uncontested divorce is when you and your spouse develop your own agreement and take it to your attorney for him/her to reduce it to writing. 

This type of divorce in my opinion is the best for a couple of reasons:  (1). It allows the parties to have control over the outcome of the divorce; rather than letting a third party determine who gets what and how much.  (2). It is the most economical option.  Something to think about is do you really want to argue a couple of hours over the kitchen table that cost $800.00 when you are paying two attorneys $200.00+ an hour?

A contested divorce is anything that is not an uncontested divorce.
JDF (205) 912-8247

How Much Child Support Will I Have To Pay?

Child support is governed by the Rules of Judicial Administration (Rule 32).  You will need to know your monthly income as well as your spouse’s and/or parent of the child involved.  Also you will need to know how much is paid for the child’s insurance, daycare, and existing child support obligations. Follow the link I have provided to see approximately what your child support obligation may be.  http://www.guidelinesoftware.com/Ala1A.asp
JDF (205)912-8247

Can I Get An Annulment?

I get asked this a lot by friends and family.  "We have been married less than 6 months can we get an annulment?"

The answer to this question will depend on whether or not the marriage was legal (meaning not defective in some way).  If the marriage was legal it would not matter if you were married one day, you would have to file for divorce.

The grounds for annulment are not rooted in statutory law.  We have to turn to case law to find what a voidable marriage is.  Here are some ways a marriage is voidable (meaning you can annul the marriage):

1.  Duress

2.  Fraud

3.  Deception

4.  Intoxication

5.  Not divorced prior to remarriage

6.  Unsound mind

7.  Pregnant by another man and did not disclose the fact to the man she married

8.  Non disclosure of a pernicious disease

9.  Non disclosure of impotence

If you have further questions concerning family law, please let me know.  JDF (205)912-8247