The post Divorce and Spouse Abandonment appeared first on Vella & King.
]]>If your spouse has been absent from the home for more than a year, then you may qualify to file for divorce on grounds of abandonment. As covered in a previous blog post here on our website, divorce in Alabama can be based on fault or no-fault.
Abandonment is a fault-based ground for divorce. Per Alabama law, you can divorce your spouse for abandonment if he/she both physically and financially abandons the marital home for at least one year before you file a Petition for Divorce.
In order for the divorce to proceed on the basis of abandonment, you must prove to the court that the abandonment is voluntary (i.e., you did not “kick your spouse out of the house”), and that the abandoning spouse has no intention of returning. This means that you cannot continue any type of marital relationship after your spouse leaves the marital home.
Additionally, you will have to show that the spouse leaving did so with the intention of ending the marriage. Assuming you can prove abandonment, there are certain rights in place to protect you. This means that the court has discretion to award more in alimony and/or attorney’s fees if the abandoning spouse fails to contribute to the household, or can even award sole custody in situations where the abandoning spouse has provided no care for the parties’ children.
If you believe you may qualify for a divorce on grounds of abandonment, please give the attorneys at Vella & King a call today.
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]]>The post What You Need to Know About Child Custody Modifications in Alabama: What Is the McLendon Standard? appeared first on Vella & King.
]]>This is where a modification of child custody comes in. Assuming there has been a material change, the next step is to determine whether a modification of child custody is in the child’s best interests. The Court considers many factors, including the living arrangements of both parents, the relationship of the child with both parents, the child’s needs, the parent’s ability to meet the child’s needs, evidence of domestic violence, the wishes of the child, as well as the relationship of the parents when considering a child modification case. Both the custodial parent and the non-custodial parent can request modification to the existing child custody arrangement.
Child custody modifications in Alabama are a complex task, especially if only one parent agrees that it is in the best interest of the child. This must be proved to the judge and follow a specific process. Having an experienced child custody modification lawyer on your side, whether you’re a custodial parent or non-custodial parent, will greatly increase your chances of a favorable outcome.
First, it must be determined where the child custody modification will be filed. If the parents were once married and the custody order was a product of their divorce, the Petition for Modification must be filed in the same court it was ordered. If the parents were never married, the child custody modification request will be filed in the county court where the child has lived for at least six months. Extenuating circumstances can be exceptions to this rule, such as if the child is in immediate danger.
Your Birmingham child custody lawyer will, first and foremost, ensure you have grounds for child custody modification. Then, they’ll include all the necessary information in the filing, including detailed reasoning for the modification request. The process begins after the petition is filed in the correct jurisdiction. The other parent will be served a copy of the petition, and then they have thirty days to file a response.
After the other parent files their response, the case moves to discovery and possibly depositions. If the case cannot be settled through mediation, both parents must argue their case and present supporting evidence. In the end, the judge will either rule in favor or against the petition.
After over a decade in business, Vella & King has litigated many child custody cases in favor of our clients. If you’re unsure about the validity of your child custody modification case, contact us for a free consultation.
Modifying child custody is much more complicated than most parents think, and the parent seeking modification of custody forms is saddled with the burden of proof at trial. Vella & King is prepared to fight for the best interest of your child and the best outcome. We have extensive experience filing for the following types of custody:
Before we file child custody modification forms, we’ll listen to your reasoning for why you would like to file a Petition for Modification. We’ll always give you our fair assessment of the situation and advise you on the best course of action considering Alabama law and the standard for modifying a child custody order.
Alabama child custody law states that for a parent to modify a child custody agreement, he or she must meet the McLendon standard. The McLendon standard is a result of a court opinion of the same name entered in 1984. Under this standard, a parent requesting a change in the child custody arrangement must have evidence sufficient to prove all three of the following:
The purpose of the McLendon standard is to lessen the disruption caused in a child’s life when changing custody. In Alabama, stability for a child is innately more beneficial than a change. Accordingly, this standard is strict and difficult to meet.
There must be a material change in circumstances to have grounds to file a Petition to Modify since the most recent order was entered. What is a material change in circumstances? Some of the most common include the following:
Each child custody modification case will have individual facts that are relevant and that need to be presented to the court, which is why it is important to contact a Birmingham family law attorney before filing a petition to Modify. An experienced family law attorney can assess the facts of your case, apply the legal standard, and advise you if she believes the Court is likely to grant your Petition to Modify.
If you believe that your custody order should be modified, please reach out to Vella & King Family Law Attorneys for a free consultation today.
If the judge decides there has been a material or substantial change in circumstances affecting the child to modify child custody, it’s then up to them to decide if changing the child custody orders would also be in the best interest of the child. The following factors could impact the judge’s decision to modify custody:
Family court decisions are made on a case-by-case basis, and the factors considered can vary depending on the circumstances of each case. This makes it essential to consult with an experienced family law attorney in Alabama for advice tailored to your specific situation.
Depending on how circumstances change, changes in child custody impact child support in different ways. If changes in the custody schedule result in your child spending less time at the other parent’s home and grant you more physical custody time, you may be entitled to receive more child support or a reduction in the amount you’re currently paying. Additionally, if you were previously the non-custodial parent and are now the custodial parent, you may be entitled to receive child support instead of paying it.
Consulting with a child custody attorney is imperative to ensure child support order adjustments are fair and put the child’s needs first.
If you think it’s time for a change in the child custody arrangement you have with your co-parent due to a material change in circumstances, get in touch with Vella & King today. We’ll hear you out and put our combined 40 years of family law experience to work to receive the best possible arrangement for your child. This includes ensuring that your request meets the McLendon standard and following the correct process for filing a Petition to Modify.
Contact us today for a free consultation and ensure the best future for your child.
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]]>The post Should I Get Divorced? appeared first on Vella & King.
]]>I always tell clients that the hardest question to answer in the divorce process is: “Should I get divorced?” For many couples and spouses, they are unsure if divorce is the right answer. It is our job as attorneys to help clients make that decision by looking at all the issues in the divorce rationally, rather than emotionally.
To do so, we help clients evaluate those issues so they can answer the question as if they are making a business decision. Below is a list of divorce questions that every client should know the answer to before answering the question, “Should I get divorced?”
In cases with children, custody is always the most important issue. When it comes to your children, you need to make sure you know the answers to the following questions:
Spousal support or alimony is usually the next big issue in most divorce cases. Before deciding to get divorced, every client should know the answers to the following questions:
For parties who own a home, these are the questions you need to ask before you decide to get divorced:
Whether you have children or not, health insurance should be a top concern for all clients. In order to make sure you are protected after a divorce is filed, make sure you know the answers to the following questions before filing for divorce:
Answers to questions about health insurance coverage during divorce proceedings are often handled on a case-by-case basis. For answers more specific to your situation, you should contact an experienced divorce lawyer in the Birmingham area.
Lastly, a major issue in divorce cases has to do with the filing of income tax returns. Before deciding to proceed with a divorce, make sure you can answer the following questions:
Likewise, figuring out tax returns during or post-divorce can be a complex matter and is often dependent on individual circumstances. Get more personalized insight by contacting an experienced divorce attorney in the greater Birmingham area!
If you read this list of questions and do not know the answers (or thought of even more), then please reach out to an attorney at Vella & King, Attorneys at Law. We will be happy to schedule a consultation to help you understand all the issues that come up during a divorce, the legal impact these can have, and if you should proceed with getting a divorce.
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]]>The post What to Expect in Divorce Mediation appeared first on Vella & King.
]]>Almost every divorce client wants to know if he/she can utilize mediation in the divorce process. And the answer is yes! In fact, in Alabama, most courts will require a divorcing couple to attempt mediation prior to setting the case for a final trial. But what exactly is mediation?
Mediation is a process that involves both parties, their respective attorneys and a divorce mediator (usually a divorce lawyer or former divorce judge who has been specially certified in the divorce mediation process). The mediator is a neutral party whose only job is to review the facts in the case, meet with both sides and his/her attorney, and present an offer that is acceptable to both parties in order to finalize the divorce by agreement and prior to trial. A mediator cannot be called as a witness at trial (if the case fails to settle in mediation), and he/she usually shreds all notes at the termination of the mediation.
Most parties favor mediation over litigation for two major reasons: (1) privacy and (2) cost. Divorce trials are public hearings and are most often time-consuming and costly. Mediation, on the other hand, is private, more affordable and can usually be done within a day. Divorce mediation puts collaboration and problem-solving front and center, as opposed to the adversarial nature of divorce trials. This means that the terms of the parties’ final divorce is much more personalized and workable.
During the mediation process, parties are allowed the opportunity to privately express their concerns, issues and needs, and discuss the same in a conversational way with the mediator. These discussions assists the mediator in drafting an agreement that fits the unique needs of the parties and their case. By collaborating to reach a final divorce agreement, parties usually leave the process much more satisfied. By contrast, divorce litigation is contentious, leaves all decision-making up to the judge, and usually results in a final result that does not take into account all the nuances of the parties’ situation. Most importantly, divorce mediation usually results in a long-lasting agreement and works to support parties for a better post-divorce relationship. This is especially important when children are involved in the divorce.
Lastly, mediation is much more cost-effective than the litigation process. In most mediations, the parties equally split the final cost of the mediator. Mediator costs vary, but a good mediator can usually be hired for less than $400 per hour. Depending on the issues involved in your case, parties can save thousands of dollars by resolving their divorce through mediation rather than litigation.
If you are interested in speaking to an attorney in our firm about a mediation process, please give us a call today.
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]]>The post Complications with Summer Visitation appeared first on Vella & King.
]]>Due to the recent shortening of school summer break, more and more Divorce Decrees are allowing the non-custodial parent to exercise their rights to visit with their children on a week-on-week-off basis during the school summer break. This provides the non-custodial parent approximately the same amount of summer visitation, but does so in way that prevents the custodial parent from having to go two weeks without seeing his/her children.
The Final Decree should state with specificity whether or not the non-custodial parent shall receive his/her expanded summer time with their children in addition to his/her regular visitation. The reason being, Courts want to avoid the non-custodial parent stacking his/her four weeks (or every other week) with the regular visitation, thereby essentially having the minor children the entirety of the school summer break.
Regardless of whether your Final Decree provides for an expanded summer visitation period, or a week-on-week-off summer schedule, you must read the language carefully before you start making plans that include your regular weekday or weekend visitation, or else you may find yourself in a contempt situation before you know it.
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]]>The post Drugs and Child Custody appeared first on Vella & King.
]]>Having the unique position of representing both addicts and the former (or soon to be former) spouse of addicts, I know the concerns both parties have in these cases. Personally, I recognize drug addiction as an illness; however, not all Judges feel the same way. Accordingly, it is important to have an attorney who knows her audience when presenting your case at trial. Despite the differences in opinion I may have with Judges, the goal in every case is first and foremost to protect the best interest of the parties’ children and to maintain their safety and security. The Judges and I both agree on that! However, that does not mean no contact with the afflicted parent.
Most often a parent struggling with substance abuse will be required to exercise his/her visitation under the supervision of another person or through a paid facility. Most often this means no overnight visitation, as true supervision requires monitoring of every second of visitation. For this reason, supervision by one individual can be burdensome and difficult to secure. Luckily supervised visitation facilities are much more numerous and far less expensive than they were just 10 years ago. This period of supervised visitation provides peace of mind to the custodial parent, but also preserves the parent/child relationship with the other parent in a safe environment. For the substance abuser, this is the time to rehabilitate yourself, as well as your case. At Vella & King, we can put you and your family in touch with the numerous resources in our community to assist your family during this difficult time. Please call us today for a consultation to learn how we can help guide you through this difficult process at 205-868-1555.
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]]>The post You Are Your Best Private Investigator appeared first on Vella & King.
]]>If you suspect your spouse is having an affair, start looking for his/her trail. If your spouse is suddenly on his/her cell phone more than before, has placed a passcode on the phone without your knowledge, or takes the phone wherever he/she goes in the house, then a good place to start looking is at cell phone records. If there are numerous calls and/or texts coming from and going to a particular number that you don’t recognize, then it’s time to start Googling that number! If you find a second phone, or a “go phone,” then I would forward yourself all the texts, photos and call logs you can find on it. Taking photos of the phone and the photos and call logs is a good idea too.
Another place to look is at credit card statements. Are there charges you don’t recognize at bars, restaurants, hotels, or for gift items such as jewelry, flowers, or clothes? Make sure you make a copy of those statements for your attorney, or at the very least take a photograph. Even if your spouse destroys those records, if you have a photograph of the statement, your divorce attorney will have the information he/she needs to subpoena records for the account!
If you can’t find a second phone, or you don’t have access to the phone records or credit card statements, then start checking pockets and vehicles. Shredding receipts is usually not a priority for a cheater when he/she is in the midst of an affair. Often those receipts get left in a coat or pant pocket, or wadded up and left in cup holders or glove compartments in a car. Make sure you keep those receipts for your lawyer. I would also recommend taking a photograph of the receipt and the location where it was found, just in case it turns up missing . . .
Lastly, always check the internet history on computers, laptops, and phones. While your spouse may be wise enough to delete emails or chats with his/her paramour, the internet history will have a record of any websites visited or e-mail accounts used. This information will assist your divorce attorney in issuing the subpoenas to retrieve more exact information.
Remember, you are your best private investigator. If your gut is telling you that something is not right, start looking, and start gathering.
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]]>The post Vella & King Provides Boutique Law Firm Services appeared first on Vella & King.
]]>At Vella & King, our focus is making you feel at home when your home may be breaking up. We are a boutique law firm that specializes in all of your family law and domestic relations needs.
Most often the calls we receive are with regards to divorce and adoption, but there are a number of services that we provide outside of that realm.
We also assist clients with modifications of their final decrees of divorce, modifications of custody, visitation, child support, and alimony. Keep in mind; property settlements are not something that we can modify.
We also assist clients with what we refer to as petitions for contempt. In other words, if your ex-spouse is not doing what he or she is supposed to be doing, according to the decree of divorce. We can assist you in navigating the courts and making sure that you get the relief you need, as well as, compensation of attorney’s fees for your efforts to do so.
We do offer a number of services beyond the simple categories mentioned above. We offer services in the family court of the juvenile court here in Birmingham, AL including paternity, basic visitation and child support. It can also include dependency actions.
It’s not uncommon for you or someone you know to have custody of a child that may not even be related to you. You may also know a child that needs a change in custody or supervision. We call those dependency actions because we can assist you in going to the juvenile court in order to get an order of custody for that child.
No matter what family law and domestic relations need arises, you can rest assure that we can help you with a favorable outcome. If it involves family, we make your family our business. Please reach out to Vella & King anytime you or someone you know needs help.
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]]>The post Even More Cleanup After the Divorce appeared first on Vella & King.
]]>Your divorce is final, you have updated your will, power of attorney and advanced healthcare directive, and you have removed your ex-spouse as beneficiary on all your accounts. What else could you possibly do to clean up after the divorce?
Your security of course!
When starting over as a singleton, it is important to do so with fresh new equipment. Specifically, a new computer (or equivalent) and cell phone that are held solely in your name. You should also change all your e-mail passwords to ones your ex-spouse does not know and has no way of guessing.
Even if you believe your ex-spouse has never known your passwords, it is an important security step. You may even consider changing your e-mail address entirely, if you believe your e-mail account was compromised in any way during the pendency of the divorce.
Lastly, clean up your social media accounts. Obviously if you have children, you may want to keep some family pictures available for them to view, but there is no need to have a public photo album entitled “romantic vacations” featuring pictures of you and your ex-spouse kissing on the beach in Mexico.
Once you have taken these few steps, you can truly and safely begin discovering the newly single you.
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]]>The post Divorce Is Done, But Cleanup Is Just Starting appeared first on Vella & King.
]]>Once a Final Decree of Divorce is entered, most clients let out a huge sigh of relief. However, your work is not done.
Your next step is to clean up the rest of your legal documents to reflect your new marital status. Specifically, now is the time to rewrite your Last Will and Testament, your Power of Attorney, and your Advanced Healthcare Directive (i.e., your living will). Often times your divorce attorney can assist you with this, and she may even reduce your out-of-pocket cost if she is still on retainer.
You also need to take time to ensure that you no longer have your former spouse designated (unless otherwise Ordered by the Court to do so) as the beneficiary on your life insurance policies, retirement accounts and/or investment accounts.
Lastly, double check that any and all deeds and titles are properly executed and filed listing your new marital status. Doing a final clean up after the divorce does create some additional work and headache, but we assure you that you will double your pain and suffering if you sweep this under the rug!
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