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What’s Different about McBay Law?

I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. [..]

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Free Milk and a Cow: Common Law Marriage

More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to [..]

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Step-Parents and Custody Fights

For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have [..]

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Testimony in Divorce Cases: Don’t Monologue

If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain┬ámovies. The hero is [..]

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Common Law Marriage Requires Regular Divorce

Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the [..]

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Waiting for the End of Time: Divorce in Mobile, Alabama

As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve [..]

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The Effects of Cohabitation on Alimony in Alabama

If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing [..]

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If it can happen to Brad Pitt, it can happen to you.

Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, [..]

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Paying as Ordered is not Optional in Mobile, Alabama

Please accept this as a public service announcement: If you are ordered to pay money in Domestic Relations Court in Mobile County, Alabama, your options are limited. You may: File a motion to alter, amend, or vacate a new Final Order; File an appeal of a Final Order to the Civil Court of Appeals in [..]

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It feels like I am getting screwed…

Generally, I subscribe to the idea that, if it feels like you are getting screwed, chances are good that you are getting screwed. Of course, you may just be experiencing buyer’s remorse, or the fear of the unknown, or, you may be actually getting screwed. I’ve had a run of cases in which folks are [..]

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