Opelika Alabama Legal Blog

Do you know some of these family law facts?

On behalf of Dean & Barrett posted in Family Law on Friday, January 17, 2020.

"Half of the couples who decide to say 'I do' will ultimately decide to divorce." This statistic is often stated as fact, but it is a little off the mark. In reality, approximately one-third of marriages will end in divorce and, while still a large portion, that is considerably less than fifty percent. This might not be the only family law fact that is different than commonly assumed.

By 2018, the average divorce rate across 45 states -- including Alabama -- had decreased to only 2.9 for every 1,000 people, compared to the rate of 4.0 per 1,000 people in 2000. In other words, the current divorce rate is only 39%. Around 60% of those divorces are young adults between the ages of 25 and 39. The average age of a first-time divorcee is 30 years.

Has your college student been accused of drug dealing?

On behalf of Dean & Barrett on Wednesday, January 15, 2020.

When you sent your child off to Auburn University, it was likely a bittersweet time. You were undoubtedly proud of his or her acceptance to the university and looked forward to hearing about the classes and other experiences your child would have on campus. Of course, you likely also anticipated a little tomfoolery as most college-aged students do like to get a bit raucous from time to time.

However, you may not have anticipated that tomfoolery turning into a problem with the police. Unfortunately, some college students can get caught up with the wrong people or in the wrong activities and end up under police suspicion. In particular, drug use on campus is an issue that draws much attention.

Family law doesn't see your pets the same way you do

On behalf of Dean & Barrett posted in Family Law on Monday, January 6, 2020.

Pet owners have unique bonds with their four-legged friends. They often go to great lengths to make sure that their pets are as happy and healthy as possible, and many even consider them as members of the family. But Alabama family law does not see pets as family members, which can cause a lot of conflict during divorce.

When a couple files for divorce, the law views their pet as property and nothing more. That means that dogs, cats, and other beloved animals are lumped in with things like furniture and household decor during property division. Since couples who get divorced are generally not great at communication and compromise, there is a good chance that many will head to court.

2 common behaviors that contribute to car accidents

On behalf of Dean & Barrett posted in Personal Injury Law on Monday, December 16, 2019.

When a driver is unfairly injured in a wreck that was not his or her fault, getting help for those injuries is often the top priority. One way that those facing these circumstances can get that help is by securing compensation through personal injury claims made against the drivers who caused the car accidents. However, a victim has to document how the other driver was at fault, and it is not enough to simply say he or she caused the collision.

Negligence is one of the biggest causes of car accidents. Since Alabama drivers are required to always use reasonable care no matter what circumstances they are driving in, a negligent driver is a person who did not exercise that care. Examples of negligent driving include not using a blinker when turning, speeding, driving while under the influence of alcohol or drugs and more.

Sheriff's sergeant accused of violating criminal law

On behalf of Dean & Barrett posted in Criminal Law on Wednesday, December 11, 2019.

A long-time law enforcement officer was recently arrested on multiple felony allegations. The former Alabama sheriff's sergeant allegedly violated criminal law when he used his position for his own personal gain and possibly engaged in third-degree theft. A judge set his bond at $40,000.

When the current county sheriff received information that a sergeant had possibly committed a crime during another sheriff's administration, he began an investigation. After determining that the information might be valid, he involved the State Bureau of Investigation. The SBI took over the investigation and and concluded that the sergeant had used property that had been stored as evidence to cover the cost of some mechanical work.

Mobile shopping is placing more travelers at risk

On behalf of Dean & Barrett on Wednesday, December 11, 2019.

You have many things to be alert for when you are on the road this holiday season. Drivers may be more rushed than usual, holiday parties may result in more impaired drivers, and with so many things to remember and do, drivers may not focus on safety. Even holiday lights may create a distraction to someone behind the wheel.

Unfortunately, from Black Friday forward, you may also be sharing the Alabama roads with mobile shoppers. This extreme form of distracted driving is raising the danger level for you and your family. You will want to be alert for these negligent drivers, but you may not always recognize them in time to prevent a holiday tragedy.

Family law: These behaviors can lead to divorce

On behalf of Dean & Barrett posted in Family Law on Wednesday, November 27, 2019.

Couples usually do not decide to end their marriages on a whim. Filing for divorce is typically the result of years' worth of problems. Marital and family law problems may look different for everyone, but the underlying reasons for those problems are much more similar than most people realize. Here are two common behaviors that push partners apart from one another and toward divorce.

According to a psychologist who spent years studying marriages and relationships, being critical of a spouse can actually predict whether that couple will divorce. When one person criticizes a partner, he or she is giving a negative opinion because the other person did not live up to a certain expectation. Criticism can be about anything, but it usually involves trivial issues that do not really matter in the long run.

Criminal law: 2 arrested for drug possession

On behalf of Dean & Barrett posted in Criminal Law on Friday, November 22, 2019.

Police attribute two recent arrests to multiple anonymous tips about possible drug activity in the area. While both people -- one man and one woman -- were both charged with drug-related offenses, they are not facing the exact same criminal charges. The man is charged for heroin possession and methamphetamine trafficking while the woman is charged with methamphetamine possession.

It is not clear what prompted people to call police with their concerns about the pair. Following those tips, drug agents spent several hours watching the 36-year-old man and 22-year-old woman. Following this period of observation, authorities decided to initiate a traffic stop shortly after they left a house. Police did not say who the owner of the property was.

Criminal law -- driver charged for deadly bicycle accident

On behalf of Dean & Barrett posted in Criminal Law on Monday, November 18, 2019.

An ongoing criminal investigation led to the recent arrest of an Alabama man. He is charged with a misdemeanor DUI, but a spokesman for the police department in charge of the investigation said it is likely that upgraded or additional charges will be filed soon. Although he was initially arrested and booked in a city facility, he will be recharged and processed at the county level as a matter of criminal law. He later posted his $1,000 bond and is no longer in police custody.

Authorities believe that the 27-year-old man was intoxicated at the time of the fatal accident on Oct. 8, 2019. He allegedly struck a bicyclist while driving, killing the cyclist. After being arrested for misdemeanor DUI, he submitted to a toxicology test. The results of that test are still pending.

Any type of negligence in a nursing home is unacceptable

On behalf of Dean & Barrett on Tuesday, November 12, 2019.

When a family makes the choice to put someone they love in a nursing home, it is likely because they are no longer able to help that person meet certain needs. This may include medical care, supervision and other types of support. Usually, a family will do extensive research to ensure they are making the right choice for their loved one.

It is devastating to learn that a nursing home did not live up to the standards you expected. Nursing home abuse often comes in the form of neglect, and this can cause innocent patients to suffer physical and emotional harm. If you suspect your loved one experienced some type of mistreatment at a nursing home, you do not have to figure out what to do alone. Your family could have grounds to move forward with a civil claim.