Category: Law Legal Information
If we are going through a divorce in Birmingham, can I close on the sale of a house without my wife being present at closing? A property that is intended to be used as a primary residence in Alabama is known as a homestead. If a property is deemed to be a homestead, then there is a statute that applies. The statute states: “no mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgements of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance.” Ala. Code § 6-10-3.
Therefore, under this statute you cannot close on the sale of a house without your wife’s signature or assent
Divorce and break-up coach Claire Macklin joins us to share tips for navigating a family Christmas after separation or divorce.
Christmas can be a challenging time of year for separated families. Expectations and emotions are high, established routines are interrupted, time with your children is divided, and many of my clients end up feeling anxious.
I understand. I remember feeling the same about Christmas the first couple of years after my divorce, especially the first time that our children were spending Christmas with their Dad.
I had to decide whether to let it get me down or to find new ways to enjoy Christmas.
Change is always difficult, but the truth is that whatever your new reality, you always have a choice. You can let it control and define you, or you can choose to take back your power and consciously put yourself back in the driving seat.
What is a quit claim deed and why do I need one if a house was acquired during the marriage but my spouse is not showing on the deed? A quitclaim deed in Alabama is a document that transfers ownership of an interest in a property from one party to another. The grantor is the party that is giving their ownership interest and the grantee is the party that is paying for the interest. Quitclaim deeds are the quickest way to transfer property from one person to another at a real estate closing in Alabama. Quitclaim deeds offer no protection to the buyer because it is only a means of transferring the interests as fast as possible.
In Alabama the quitclaim deed does not ensure that the current owner has clear title to the property. Quitclaim deeds are commonly used when the property is being transferred: to a spouse
A family mediation lawyer is a family lawyer that focuses on settling family law matters through negotiation, mediation, arbitration or collaborative family law. They can be your advocates during mediation and settlement talks, or they can be actual mediators who will assist you and your spouse reach a settlement in your family law matter. These lawyers avoid courts and litigation.
Let’s look at family mediation lawyers’ types, qualifications, tasks, strategies and goals.
Family Mediation Lawyer Types
There are two types of family mediation lawyers:
- Family Law Mediation Lawyers that advocate and attend mediation and other settlement talks for each of the parties; and
- Family Law Mediators who do not advocate for either party but try to get the parties to settle through compromise.
Family Law Mediation Lawyers
Family law mediation lawyers who are ‘advocates’ for each party are usually general family lawyers who choose to settle cases instead of litigating
This Good Divorce Week Resolution held a roundtable discussion with MPs in parliament to highlight the extent of delays in the family courts and the impact on families within the backlogged system.
They’re rightfully calling for advice and information on family matters to be universally available so that families are aware there are multiple out of court routes to divorce available to them.
Wherever possible, our aim is to help clients avoid court altogether by using Alternative Dispute Resolution (ADR) such as solicitor negotiation, mediation, collaborative law, or arbitration.
In the right circumstances these approaches can help families to resolve issues and reach agreements amicably and without family court intervention.
What is an out of court divorce?
‘Out of court’ divorces are those where couples negotiate the terms of the divorce without court proceedings.
There are several options available for divorcing couples who wish to achieve an out of court