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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33067
Experience:  16 yrs. of experience including family law.
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I want to divorce my husband. I I've been a stay at home mom

Customer Question

I want to divorce my husband. I I've been a stay at home mom to our 2 children for 4 years
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I'm in Alabama
JA: Have you talked to a lawyer yet?
Customer: I have not. I'm going tomorrow to consult the local shark just to remove him from my husbands pool
JA: Anything else you want the lawyer to know before I connect you?
Customer: I had an affair
Submitted: 5 days ago.
Category: Family Law
Expert:  P. Simmons replied 5 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 5 days ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 5 days ago.
My husband wants 50 50 custody and the house. Which is across the street from MY parents. Will the court give him that and put me out with no income and very little earning potential initially?
Expert:  P. Simmons replied 5 days ago.

Thanks

A divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney. SO will he.

All that said, the court will divide the property equally (so he will not get the home unless the court awards you an equal share of property from the marital estate).

As for the custody? The court presumes it is good for the kids to have both parents involved in their lives...so 50/50 is generally the default...though the court will vary this based on what is best for the kids

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 5 days ago.
Is adultery considered in Alabama divorce cases?
Expert:  P. Simmons replied 5 days ago.

It is...it can be the basis to file for "fault" in the divorce (which could be a basis for the court to award you a larger share of the marital estate0. Though this would require you hire an attorney...so generally speaking you use adultery as leverage to negotiate the settlement...as opposed to paying tens of thousands on lawyers to fight this out in court.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 5 days ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

Customer: replied 5 days ago.
One more question.
If I leave and get my own place and split custody, will I get any child support since I will be making SIGNIFICANTLY less than him?
Expert:  P. Simmons replied 5 days ago.

Yes...you would. Child support is based on the relative income of the parents...if you are making much less? You would receive support.

Again, I would appreciate if you can rate the answer.
Thanks!