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My husband and I have been separated for almost two years. I…

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my husband and I have...
my husband and I have been separated for almost two years . I recently found out that he is living with another woman and had my child around of which he does not want to go back to his dad home.
Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
3/26/2018
Family Lawyer: RayAnswers, Lawyer replied 3 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,273
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 3 months ago

So are you wanting to file for divorce here,thanks?

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Customer reply replied 3 months ago
At this point I have no choice , I was trying to reconcile with him but I keep getting resistance . My child was told to not tell me about this lady and the two adult sons that have been bullying my child that lives there also.My child want counseling.
Customer reply replied 3 months ago
No I don't want to call at this time I just wanted an answer
Family Lawyer: RayAnswers, Lawyer replied 3 months ago

You can file for divorce pro se here if you have too.

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Family Lawyer: RayAnswers, Lawyer replied 3 months ago

Forms and self help

https://www.divorcenet.com/resources/filing-for-divorce/alabama.htm

File here and serve him and court will set it for hearing.You can see if you reach agreement or court will divide it all.

I appreciate the chance to help you , prayers to you.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 3 months ago
Do I have a case for adultry? My husband and I have been separated for almost two years. I have tried to reconciled several times. Recently I found out her has moved another woman in his apartment and they are in a relationship. He had this woman and her two adult sons over in front of my minor child. My child does not want to go back because he does not feel safe. So do I have a case?
Family Lawyer: RayAnswers, Lawyer replied 3 months ago

You can file for divorce and argue adultery here.It might help in property and custody settlement.

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Family Lawyer: RayAnswers, Lawyer replied 3 months ago

Alabama law permits two kinds of divorces: no-fault and fault-based. This contrasts with the laws of many other states, where all divorces are no-fault. When it comes to no-fault divorce, no particular reason is given for why the spouses are divorcing—it’s enough that one spouse says the marriage is broken and can’t be fixed. The court doesn’t have to look into any of the facts about how the spouses treated each other.

Fault-based divorces, on the other hand, are based on proof that one party committed marital misconduct (meaning, some wrongful, intentional action that caused irreparable harm to the marriage). Various legal authorities define adultery as occurring when a married person engages in the act of voluntary sexual intercourse with someone other than the legal spouse. Some legal experts believe that adultery is the most common ground (basis) for fault-based divorce in Alabama.

Alabama law says that once adultery has occurred, there’s reason enough for a married couple to go their separate ways. This means that adultery can be an important variable when you’re trying to obtain a fault-based divorce. But when it comes to alimony, the role of adultery can be relevant, but it's more limited.

Does Adultery Affect Alimony Awards in Alabama?

In Alabama, family law judges have to make an “equitable" division of property in divorce cases. This means that the couple’s property has to be divided in a fair and reasonable way, but each spouse won’t necessarily walk away with an equal amount of money. This also applies to alimony. There’s no requirement for an exact, fifty-fifty split. For that reason, a judge will consider whether alimony should be awarded based on some or all of the following factors:

  • the earning ability of the spouses
  • the future prospects of the spouses
  • the spouses’ respective ages and health
  • the length of the marriage
  • the spouses’ station in life (meaning wealth, social status, and careers), standard of living, and potential to maintain that standard once the divorce ends
  • the property the spouses possess, including the source, type, and value of each property
  • the conduct of the spouses and whether it led to the divorce, and
  • any other facts the judge thinks are relevant.

The “conduct of the spouses” factor includes adultery provided that adultery is the cause of the divorce.

Although they are supposed to consider all of the relevant factors, Alabama judges do have the power to consider adultery as one of the factors when they award alimony. When a fault-based divorce is granted, Alabama law allows the judge to “make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of the spouse may be considered in determining the amount.” This means that the judge has the power to give part of the adulterer’s piece of the financial pie to the “innocent spouse” (the person who was wronged or hurt by the adultery). The judge could also reduce an alimony award, if the obligee has committed adultery.

The only limitation is that judges can’t give the adulterous spouse’s non-marital property (this is property acquired before the marriage) to the other spouse.

Two key Alabama appellate court cases have considered the impact of adultery on alimony awards. In Ryland v. Ryland, 12 So. 3d 1223 (Ala. Civ. App. 2009), the trial court found that the husband committed many acts of marital misconduct, including adultery. The trial court granted a fault-based divorce and awarded the innocent spouse an increasing amount of periodic alimony. One of the reasons for this decision was because the husband was adulterous. The Alabama appellate courts reviewed the case and agreed with the trial court.

In another case, Wright v. Wright, 19 So. 3d 901 (Ala. Civ. App. 2009), the trial court decided that there was proof that the husband had committed adultery. The trial court granted a fault-based divorce on grounds of adultery, reduced the husband’s share of the property division and ordered him to pay more money for periodic alimony. The husband appealed, and the appellate court agreed with the trial court’s order, saying, “The record reveals that the husband committed adultery, and he does not challenge the trial court’s divorcing the parties on that ground. Accordingly, it was proper for the trial court to consider the husband’s fault in fashioning the property division and periodic alimony awards.”

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Customer reply replied 3 months ago
What are my chances of getting temporary custody of my child.
Family Lawyer: RayAnswers, Lawyer replied 3 months ago

Very good here, your husband doesn't look like a good option.Child's best interests are with you .

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