Lee's Divorce & Family Law Blog

Lawyers and judges often repeat the truism that Alabama’s principle of dividing marital property in a divorce is that the division should be equitable but not necessarily equal. We get a refresher in today’s case of just how unequal property division can be in Alabama and still be sustained on appeal. (more)

What does it mean when the husband and wife in a divorce case agree that child support will be “in accordance with the child support guidelines” when the non-custodial parent’s income exceeds those guidelines? Is child support set at the maximum guideline amount? Is the court free to set child support in its discretion? (more)

Every now and then the Alabama Court of Civil Appeals renders an opinion that you think might make a good bar exam question. Today’s case would be a good foundation for a question on civil procedure. (more)

Too often, the Alabama Court of Civil Appeals has seemed to have a schizophrenic relationship with the Ore Tenus rule, citing it with approval in some cases and shoving it aside in others, often without clear justification for the different treatment. Here, at least, is one case where the court cites it and endorses it. (more)

The BBC is reporting this morning that there may be an increase in the rate of divorces, particularly the rate of high asset divorce cases, because of the current economic crisis. I don’t see it in my practice. (more)

The Alabama Court of Civil Appeals has modified its opinion in one of its recent cases on juvenile court jurisdiction. I’m not sure it makes much difference except to the parties involved, but let’s at least make sure we’re describing the change. (more)

It’s routine for divorce judgments in Alabama, particularly the judgments resulting from agreements formed by cooperative parents like the ones I serve, to provide for the parents to share extracurricular expenses. When parents insert that provision, what expenses are they agreeing to share? We have some clarity on this question now from the Alabama Court of Civil Appeals. (more)

This is another of  those cases where DHR is trying to defend a juvenile court’s decision to terminate the parental rights of a child, and again the appeals court reverses. Are juvenile court judges just not getting it, or is the appeals court setting too high a standard? (more)

It’s well settled that Alabama law permits a court to order child support to continue past the age of majority when the child is disabled. Because it happens relatively rarely, however, most people who deal with it have an understanding of how it works that is hazy at best. We get some clarity in today’s case. (more)

This started out as a quiet expression of frustration about the Alabama Supreme Court’s opinion in a recent case, Ex parte Clark. It has become instead an exploration of the role narratives play in divorce. (more)

Divorcing spouses who own businesses are fond of saying something like, “well there’s two trucks, three desks, a computer, and a bunch of buckets.” I guess it’s worth $_______,” offering some ridiculously low-ball value as the portion that should be shared in divorce. Now a trial court has accepted that theory in valuing a restaurant business, and the appeals court has said “no way.” (more)

This case on working to “undo” an earlier termination of parental rights is useful in clarifying why parents can’t just agree to terminate the parental rights of one of them as part of their divorce. This is a common request parents make to divorce lawyers in Alabama, and from now on when people make it I’ll refer them to this note. (more)

Poor Ted Brown. Luckless in love, and doomed to have his own death set off a struggle between his former wife and the new wife he left behind. (more)

This case doesn’t break new legal ground, but it’s a good reminder of several of the principles that tend to come up in high-asset divorce cases in Alabama. (more)

Courts in Alabama can change alimony after the decree if there’s a material change in circumstances, and a court can extend an award of rehabilitative or temporary alimony beyond its original term. What happens, though, if the recipient doesn’t ask for the extension until after the original term has ended? The Alabama Court of Civil Appeals says no problem, as long as alimony is reserved in the original decree. (more)

There are some Alabama counties, notably Jefferson, where the divorce court judges are resolutely opposed to equal time parenting. We now know that this is not the case in the Alabama Court of Civil Appeals. (more)

What does it take to terminate the parental rights of a parent to a child in Alabama? This issue comes up repeatedly, and there’s no new legal ground covered in today’s case. Because it comes up so often, however, let’s explore it. (more)

The issues aren’t all that striking in this case dealing with the setting of child support based on self-employment income. What’s interesting is the palpable tension between the Shelby County Circuit Court judge and the appeals court. (more)

A juvenile court in Alabama has limited jurisdiction. It begins with a finding that a child is dependent. Without that finding, the juvenile court has no power, and every action it takes in a case is void. (more)

The Alabama Department of Human Resources comes under plenty of criticism for letting child abuse continue after knowing about it, and plenty of other criticism for intervening too much in people’s private lives. Today’s case is one of those where DHR seems to be muddling through the best way it knows. Can’t say I would do it any differently. (more)