Category: Uncategorized

Fair? What to Expect in Divorce Court

“Equitable” is a legal term that can be used to describe the division of property and debts in a divorce proceeding. Under Alabama law, divorce courts are “Courts of Equity,” rather than “Courts of Law.” When I answer questions from potential clients contemplating divorce, I generally define equitable as “what the Judge thinks is fair if the parties [..]

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The Family Law Waiting Place

One of my most valued gifts is a copy of “Oh, the Places You’ll Go!” by Dr. Seuss. My AP English teacher, Mary Jo Morris, gave it to me. For those of you who aren’t familiar with the book, here’s a link to John Lithgow’s particularly entertaining reading of the classic: https://www.youtube.com/watch?v=u45CS910waI As a family [..]

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What will a divorce cost, in Mobile, Alabama?

I regularly field calls for a “price quote” on a divorce or child custody issue. Not every attorney in Mobile County will talk to you upfront about costs, but I do. Sometimes, it’s an effective way to have the tire-kickers move along, but other times, I believe I may be failing to communicate the value of [..]

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Divorce, Child Custody, and Perspective

Recently, I find myself returning to the theme of perspective with regard to some pretty contentious divorce and custody matters. I’m going to date myself here, but Tim Robbins starred in Jacob’s Ladder years ago in which he played the role of a Vietnam Veteran who was dealing with the after-effects of a government experiment with acid on the battlefield. I won’t engage in any spoilers, but [..]

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Love is a Battlefield-VA Disability Payments in Divorce

Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse [..]

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Making Up Is Hard to Do

Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In [..]

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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 movies. The hero is [..]

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