Helping real people move through divorce
The Alabama Court of Civil Appeals says the trial court must affirmatively apply a three-factor analysis before denying a Rule 60(b) motion after a default judgment. The defendant husband in Campbell v. Campbell, Case No. 2030437 (Ala. Civ. App. April 22, 2005 was duly served but did not respond within 30 days. In fact, it … Continue reading “Alabama – When is a Default Judgment Really a Default?”
Divorce lawyers like me get regular questions from people who divorced several years ago and now resent or regret one or more of the terms. How easy is it to modify a divorce decree after the divorce is effective? Here are some basic principles that apply in my home state of Alabama. To my knowledge, … Continue reading “Can I Change the Divorce Decree Now?”
A guest on Alabama Divorce Questions asked me a great question yesterday, whether there’s an advantage or a disadvantage to being the first one who files for divorce. I thought it might be helpful to lay out the principles as I understand how they work in Alabama. I don’t know for sure the extent to … Continue reading “Who Should File First?”
The Supreme Court of Canada has calmed the nerves of thousands (millions?) of Canadian divorcees, ruling that when a spouse waives alimony in a divorce, there are (apparently) no circumstances that could allow that spouse to reopen the issue later to demand alimony. The Ontario Court of Appeals had ruled earlier that the issue of … Continue reading “Canada Says It Really is Final”