Lee's Divorce & Family Law Blog

This one has me thinking. I hope it gets you thinking, too. If we really want families in America to succeed, what policies should we be setting?

Alabama’s relocation act has moved the state to one end of the spectrum on forcing parents to stay close to each other. The Alabama Court of Civil Appeals has said you can’t go beyond it out of a desire to elevate substance over form.

The Alabama Court of Civil Appeals has used an unusual inference to sustain a division of military retirement plans in an Alabama divorce.

CNN published its contribution last month to the continuing mythology surrounding the tort called “alienation of affection,” filing a lawsuit against that interloper who seduced your spouse and ruined your marriage.

It’s rare to see a trial court try to overcome an appeals court ruling by sheer bull-headedness, but it’s fun to see in a guilty pleasure kind of way, don’t you think?

We now can state with certainty: a substantial change in residence of a custodial parent is a material change in circumstances.

Alabama family law judges know they have to base their rulings on some kind of factual evidence. This case clarifies how the process works.

It’s not the headline in this brief story from the NY Times, but it should be. Women serving in the military divorce at a rate of about 7.7% per year, while the rate for military men is about 3%.

We’re going to see more cases like this, where formerly successful entrepreneurs and wage earners claim a significant drop in their income makes it impossible for them to pay the child support the court had previously ordered, and where the recipient argues they really could be earning more.

Keep your eyes peeled; you may see this case again soon on appeal.

Divorce lawyers are buzzing about a story in last week’s Washington Times about a drop in the rate of new divorce filings in the U.S. coinciding with the recession. Anecdotally, my practice certainly seems consistent with this trend.

A married woman diagnosed with a life-threatening illness is six times more likely to divorce than a man in the same position. How’s that for a headline?

I’ve spent a lot of time around divorce and people going through it. But I have to admit this is a new one even for me. Thousands of Parisians took part in a “Divorce Fair” last Sunday.

Mom has won her appeal, but I can’t for the life of me figure out what she accomplished by filing it.

The media can’t get enough of talking about this case, but I’m not sure it has much practical impact.

Mom, I guess you knew the risk you were taking when you filed to appeal your divorce case. Sure hope you did. If not, you probably need to have a heart-to-heart with your lawyer.

The Alabama Supreme Court has dressed down the Alabama Court of Civil Appeals in a custody case for reversing a trial court ruling without good reason. It’s about time.

What does it take to get a family law ruling affirmed around here these days? Here’s a hint: if you’re a judge changing primary child custody in Alabama, you better say the word “McLendon.”

Poor Mr. Hartley. Four years ago he reduced his child support when his oldest child reached age 19. Shoulda gone to court. Shoulda gone to court.

Alabama’s relocation statute makes a rebuttable presumption that taking a child with you when you move is not in the child’s best interest. But the trial court has to give the relocating parent a chance to rebut the presumption.