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Divorce, and wife asking for $850 in alimony in settlement…

Divorce, and wife asking...

Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child support. I think I have a better chance in court than this settlement. Am I right?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Alabama

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet officially.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Marital home in both our names and i have a decent amount of debt.

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Answered in 2 minutes by:
10/21/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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How long were you married?

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Customer reply replied 6 months ago
Married 14 years. Wanting to conduct as pro se

The amount she is asking isn't out of line for 14 years of marriage although it is probably a little high. However, your chances are 50-50 as to whether the judge will award that amount if you represent yourself. The chances of not having to pay that amount is less if you use an attorney.

Judges don't mind pro se parties in a divorce case if it is uncontested with no property, no alimony, and no children. They like it a lot less when these are included because the order get very difficult and often have mistakes which result in them having to be redone later.

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Customer reply replied 6 months ago
She has one. I thought we were going to be able to work through a settlement but she became greedy. She also asked for her attorney fees to be paid. I can prove the difficulty to pay.

There is more than just difficulty to pay, In addition, the judge will usually not give a lot of weight to "other bills" but will instead rank child support as the most serious, then alimony, then the other debts after that.

In addition, to get any type of exhibits admitted you have to be fairly proficient with the Rules of Evidence.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 6 months ago
understood. I'll determine whether to retain or not giving our next trial order is in a month. Thank you.

You're very welcome.

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

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