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