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Emergency Hearing or Temporary Aggravation?

mycasewebsites2 • Jul 20, 2014

In a contested divorce, an emergency can exist when the health or safety of the parties or children is in danger.  This is distinguishable from obstinate or aggravating behavior.

Every now and again, I have a case in which one side, or the other, doesn’t want to divorce, but isn’t wiling to change any behaviors or compromise in any way to save the marriage. Often times, the couple will have been through marriage counseling, with only one side making any real effort to fix what’s wrong. The other spouse will simply go through the motions, paying only lip service to the idea that a successful marriage requires real effort from both individuals.

At some point, the spouse who’s really trying will realize the futility of the effort and hire me to file a divorce complaint.  That’s when the gaming can really ramp up.  The non-filing spouse will avoid service of process as long as possible.  Once they’re served, they’ll refuse to move out of the marital residence.  They won’t hire an attorney to answer the complaint.  They’ll do everything within their power to portray to family and friends that they are a victim of the filing spouse’s selfish desire to destroy the family.

In these cases, the filing spouse needs to ask the Court for a temporary order for possession of the marital residence and physical custody of the children.  Doing so requires a motion, service of the motion on the non-filing spouse, and a hearing in front of the Judge.  After hearing sworn testimony from both sides and reviewing any evidence, the Judge will issue an order that will govern the status of the parties while the divorce is pending.

This is different from those unfortunate situations in which one spouse poses a danger to the health and safety of the other spouse, and/or the children.  In those cases, the spouse in danger can present evidence to the Judge ex parte, without the other side being present.  This is an emergency hearing.  Emergency filings have very specific requirements and your attorney can help you decide whether your particular circumstances meet the legal standard for an emergency under Alabama law.

While the situation I described at the beginning of this post is certainly annoying and it sets the stage for a contentious divorce, it is not an emergency under the law.  That being said, do not hesitate to contact the proper authorities if you find yourself in a situation in which you fear for your safety or the safety of your children.  Call 9-1-1 first.  Then, once you are out of danger, call your attorney.  If you have questions or concerns about your current circumstances, you can contact me at 251-445-0891, or via email at ron@mcbaylaw.com.

 

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • 29 Aug, 2018
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 […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • 24 Apr, 2018
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 […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • 05 Sep, 2017
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. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • 06 Jul, 2017
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 […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • 06 Jun, 2017
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 […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • 30 Mar, 2017
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 […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • 22 Mar, 2017
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 […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

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

By mycasewebsites2 • 30 Dec, 2016
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 […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • 02 Nov, 2016
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 […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

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

By mycasewebsites2 • 29 Sep, 2016
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, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.
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