| | Contact Us: Phone: 334-244-2983 Fax: 334-244-7421 7088 Sydney Curve
Montgomery, Alabama 36117 | | | Matrimonial Actions and Life Insurance | | | | There are three different contexts where the subject of life insurance may arise in matrimonial actions. First, there may be a pre-existing policy at dissolution of a marriage and issues arise as to whether such policy is a marital asset subject to distribution. Second, a life insurance policy may be a guarantee of spousal and/or child support obligations. The obligation of one spouse for the support of the other and their children can continue even after the death of the obligor spouse. In order to provide for the dependents' needs, a court may order, or one may be desired by the payor to protect the remaining assets of his or her estate, a life insurance policy naming the dependents as beneficiaries, Third, disputes may arise subsequent to the death of the insured ex-spouse. More... | | | | Mortgage Issues and Divorce | | | | If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.More... | | | | Delinquency Proceedings | | | | The Prosecuting Attorney may file a Delinquency Petition if a child under 18 years of age commits a delinquent act. A juvenile delinquency proceeding is essentially a closed bench trial. A juvenile has constitutional rights under the due process clause when there is a possibility of detention following the proceeding. These rights include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. The due process clause also requires proof beyond a reasonable doubt when a juvenile is charged with an act that would constitute a crime if committed by an adult. Juveniles do not have a constitutional right to a jury trial in juvenile court. More... | | | | Adoption and Safe Families Act - Permanency Plans and Hearings | | | | The Adoption and Safe Families Act (ASFA) requires states to conduct a permanency hearing within 12 months of a child's placement in foster care and at least every 12 months thereafter for as long as the child is in foster care. The date of the child's placement in foster care is the earlier of the following two dates: the date of the first judicial finding that the child is abused or neglected, or 60 days after the removal of the child from his or her home. More... | | | | Fraudulent Inducement to Marry and Negligent Misrepresentation | | | | A spouse may file an action against the defendant spouse alleging that based upon fraud or deceit she entered the marriage in reliance upon the defendant's false representations, which were made in order to induce the plaintiff to marry the defendant. More... | | | |
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