Divorce and Family Law Lawyer serving Birmingham, AL
February 23rd, 2012
Although fathers historically faced an uphill battle when seeking a form of child custody during divorce, the laws that govern child custody and visitation rights today do not give custody preference based on gender.
In fact, in cases in which both spouses are fit, able parents, courts prefer to an agreement for joint child custody in which father and mother continue to play an active role in decisions regarding education, medical care and other issues. This is not only fair, but representative of changes in culture.
According to the 2010 U.S. census, nearly 2 million men listed themselves as single fathers, while more than 30 percent of men whose wives work said they regularly care for their children. Each of these figures has increased steadily over the years.
That said, fathers seeking joint custody and visitation can still benefit from the experience of a qualified child custody attorney. Birmingham child custody lawyer Shane Oncale has extensive experience helping fathers prepare for child custody hearings, and he understands that parents seeking joint custody must demonstrate involvement in the child’s life and development.
If you’re a father who is preparing for divorce and desires to remain active in your child’s upbringing, please contact Birmingham, Alabama, child custody attorney Shane Oncale for your personal case consultation.
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February 20th, 2012
Divorce and annulment are similar in that each is a legal procedure that can be used to dissolve a marriage.
The primary difference between a divorce and an annulment is that a divorce terminates a legally recognized marriage while an annulment renders the marriage void, as if it never happened.
If you are married and you and your spouse are considering separation by means of divorce or annulment, Birmingham, Alabama, divorce attorney Shane Oncale can help you determine the best option for your unique circumstances.
Because many states today have adopted no-fault divorce regulations, annulments are increasingly rare. Civil annulments—or legal annulments granted outside of a church—must also meet certain conditions in order to be approved by a court.
These circumstances are different from the requirements of divorce and may include:
- Bigamy
- Forced consent
- Fraud
- Incest
- Mental incapacity
- Inability or unwillingness to consummate
- Underage spouse
Another difference between an annulment and a divorce relates to the distribution of finances. Because an annulment effectively erases the existence of a marriage, courts typically attempt to ensure that each spouse returns to his or her financial condition as it was prior to the marriage. In annulments, assets or debts accumulated jointly may be divided, and assets or debts accumulated prior to the marriage may remain.
If you would like more information regarding the legal requirements of an annulment or divorce, please contact Birmingham, Alabama, divorce attorney Shane Oncale at the Oncale Firm for your personal case consultation.
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February 16th, 2012
Pension plans and other assets acquired during marriage are typically considered joint property and are subject to division between spouses in the event of divorce.
Experienced Birmingham, Alabama, divorce attorney Shane Oncale can work with you to help you understand the complex legal regulations surrounding the dispersing of pension and retirement plans as well as help you protect your assets.
A Qualified Domestic Relations Order (QDRO) is a legal order that may be issued by a court during divorce proceedings to provide the divorced spouse with a share of the other spouse’s pension or retirement plan. A QDRO may be part of a divorce settlement related to provisions including child support and spousal support.
A QDRO is the only means by which one spouse can receive a portion of the other spouse’s pension plan, and it applies solely to pension and retirement plans that are subject to the Employee Retirement Income Security Act (ERISA). ERISA regulates the management of nongovernmental pension and retirement plans.
If you’re considering divorce and would like more information about the division of pension plans and other assets, please contact Birmingham, Alabama, divorce lawyer Shane Oncale at the Oncale Firm to schedule your personal consultation.
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June 29th, 2011
Uncontested divorce is when both parties agree that there is reason for the marriage to be dissolved, either with a no-fault or divorce with grounds. All it requires is that the paperwork be properly filed for at least 30 days.
However, filing the proper paperwork becomes more complicated when:
- There are children in the marriage or with either spouse
- There is marital property to be divided
- Either party has been a resident in Alabama for a short period of time, is not currently a resident of Alabama, or has income from another state
- Divorce is being undertaken with grounds
You may initially think that handling your uncontested divorce with paperwork you file yourself or through a bargain-priced lawyer is the best option, but in our experience many divorces filed this way will either be unacceptable to the court or may need modification at a later date. Even if you think your divorce is a simple matter, it is better to get it handled right the first time.
At The Oncale Firm, we know how to make your uncontested divorce as simple, quick, and easy as possible, but we will always perform the due diligence necessary to ensure your divorce is as complete and final as possible the first time. That way, you can get on with your life and leave your failed marriage behind once and for all.
To learn more about how The Oncale Firm can help, please call 202-315-6429 or email us today for a free initial consultation.
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June 14th, 2011
In Alabama, the central principle governing divorce proceedings is equity. The goal is that the marital property and marital debt should be divided equitably, though this rarely means they will be divided equally. Instead, property will be divided according to the extent to which each party contributed to the generation of assets and accumulation of debt during marriage.
Although there are some facts that can be used to ascertain the roles spouses played during marriage, much of the division of property will come down to how well your lawyer or lawyers are able to represent your role, how well they are able to tell your side of the story. This means that you need a lawyer who is skilled at:
- Representing the contributions each spouse makes during marriage
- Linking assets acquired through debt with the debt that allowed their acquisition
- Locating and valuing hidden assets
- Valuing and dividing businesses and professional practices
- Proving or defending issues of fault
- Identifying when alternative dispute mechanisms will give a better outcome than court proceedings
Attorney Shane Oncale has almost two decades of experience trying cases in disputed proceedings, and knows many tricks that have helped his clients to get a more favorable outcome than they would have thought possible. He may be able to help you.
To learn more, please call 202-315-6429 or email us today to schedule a free consultation with The Oncale Firm in Birmingham.
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June 3rd, 2011
If your spouse has been ordered to pay child support, their employer is supposed to take the child support directly as paycheck withholdings. This means that in most cases your spouse should not be able to avoid paying child support. However, if the non-supporting parent has managed to avoid payment, you can file a lawsuit against your spouse’s current or former employer for failing to perform the required withholdings. Your spouse may also face actions such as losing their driver’s license.
In addition, if you get an order for child support and it is determined that your spouse owes retroactive support payments, you can file an action for previous unpaid child support. This civil action allows you to receive compensation for all support payments due, but unpaid. If you took advantage of aid from the Alabama Department of Human Resources during the time you did not receive child support, the state may take some of the payments to cover its costs during that period.
If you are looking to recover child support payments from a spouse that refuses to pay, The Oncale Firm can help. Our lawyers have experience helping parents to work through divorce, including the proper negotiation and payment of child support. Please call 205-313-6429 or email us today to schedule a free consultation at our Birmingham, Alabama office today.
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June 2nd, 2011
In Alabama, the assumption is that the best situation for any child is to have regular and sustained contact with both parents. Joint custody is the preferred solution. Although joint custody does not guarantee equal time, it ideally means that in a divorce, the paternity rights are essentially the same as the mother’s rights. However, there are a number of aspects that can impact a father’s custody rights, including:
- Any custody agreement you work out with the child’s mother
- Your ability to work with child’s mother on this or other issues
- Your ability to foster love and respect for the child’s mother
- The practicality of joint custody based on where you live relative to the child’s mother, doctor, school, and other important locations
- Any history of domestic violence or abuse toward your spouse or the child
Child custody rights are part of paternity rights and can only be asserted after you have established paternity. Paternity is assumed if the child is born in wedlock, but if not, then it must be established through affidavit or genetic testing.
If you are a father concerned about a potential loss of child custody, a lawyer can help you get the best possible outcome in the divorce proceedings. At The Oncale Firm, we are dedicated to the rights of Birmingham fathers, and offer free initial consultations to help you understand your options. Please call 205-313-6429 or email us today.
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