Determining child custody can be a difficult task for a court. Often, even when both parents are capable of caring for the children, a court will award sole physical custody to one parent over the other. Recently, in Coffee County, in Bardolf v. Bardolf, the Court of Civil Appeals addressed the need for specificity in […]
Child Support Appeal from Non-Final Judgment Improper
When a case doesn’t go your way, you’re not out of options – you can appeal! However, the rules on how to appeal can be a bit tricky. Specifically, the judgment you’re appealing from must be final in order to be heard by a new court. Recently, the Court of Civil Appeals addressed whether a […]
Default Judgment Set Aside in Limestone County
Default judgment is a binding judgment granted by the court that is a result of one party’s failure to take action in the case. The most common reasons for granting default judgment are when a party fails to respond to a lawsuit or fails to show up in court. Recently, in Limestone County, in Beck […]
Residency Requirements Must be Met for Divorce
Getting divorced is no laughing matter and it’s not a simple one, either. Divorce comes with lots of rules that you have to follow in order to get divorced properly. Sometimes if your spouse does not file an answer, you may be granted a default judgment of divorce. Recently, in Baldwin County, in Weith v. […]
Division of Military Benefits Reversed in Madison County, Alabama
There are no winners in a divorce. Two people are going to take marital assets and divide them in half. Divorce is stressful When two people get divorced, it is the responsibility of the court to divide up assets such as a marital home and joint bank accounts. However, the most valuable asset often comes […]
Will Contest Reversed in Jefferson County, Alabama
It is not uncommon for relatives to fight over a loved one’s last wishes in a will dispute. One argument that may be made against someone inheriting is undue influence. Undue influence involves that person taking advantage of the loved one to gain control through the will. Recently, in Jefferson County, in McGimsey v. Gray, […]
Probate Appeal in Madison County, Alabama
Filing a lawsuit can feel intimidating and difficult. Even more so, navigating how to file an appeal after you lose a case can seem incredibly confusing. Recently, in Marshall County, in Alabama Medicaid Agency v. Brooks, the Court of Civil Appeals addressed whether an electronically filed “complaint” was enough to properly appeal a probate action. […]
Bank Can Enforce Creditor Rights in Jefferson County, Alabama
Dividing the assets in a divorce case is a complicated process in and of itself. However, that divorce can be even further complicated when the bank sues the spouses, alleging that the divorce agreement was fraudulent. Recently, in Jefferson County, in Holsombeck v. USAmeriBank f/k/a/ Aliant Bank, the court addressed whether property conveyed as part […]
Monetary Damages Related to Will In Montgomery County, Alabama
Fights over a loved one’s last wishes can be hostile, drawn-out, and incredibly common. What might be less common, however, is the negative effects that these probate battles can have on a beneficiary’s health. Will contest, Code of Alabama (1975), §§ 43-8-190 & 199, are more common than you might think. As sad as it may seem, […]
Property Purchased During Divorce Eligible for Distribution in Jefferson County, Alabama
When a court considers a couples’ divorce, it looks at all the assets acquired between the two parties. Separate property cannot be distributed; marital property, however, will be split accordingly between the parties. Recently, in Jefferson County, in McMillan v. McMillan, the Court of Civil Appeals considered whether property bought after filing of a divorce […]
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