Opelika Alabama Legal Blog

How does family law treat stay-at-home mothers?

On behalf of Dean & Barrett posted in Family Law on Thursday, May 16, 2019.

A significant number of people in Alabama are under the impression that marital property is split exactly in half during a divorce. However, according to the state's family law, property must be split equitably, or fairly, but not necessarily equally. This means that some couples might have to answer some difficult questions during divorce, such as how the contributions of a stay-at-home parent should be weighed.

Over 25% of mothers in America stay home with their children. These women often give up career paths of their own in order to care for their families and support their husbands' careers. Despite this being a voluntary choice, more than half of American adults believe that mothers staying home is a good idea, especially when compared to the option of fathers staying home to raise children.

Information that may prove useful after a truck accident

On behalf of Dean & Barrett on Tuesday, May 14, 2019.

The time after a serious car accident can seem like a blur. If you suffered serious injuries, you may not even remember much about the incident itself. Unfortunately, this type of outcome is not unusual when a negligent or reckless semi-truck driver causes a crash.

If your injuries resulted from such an incident, you may have a long road ahead of you when it comes to recovery. While your main priority should certainly be following your course of medical treatment and working to regain any lost abilities as much as possible, you will likely still have many concerns about how you will pay for that treatment and handle other difficulties that your injuries have caused.

Criminal law charges dropped for Alabama couple

On behalf of Dean & Barrett posted in Criminal Law on Monday, May 6, 2019.

It is no secret that criminal charges can lead to serious, lifelong consequences for defendants. Unfortunately, some individuals in Alabama end up facing charges because of the wrongful or even illegal actions of police officers. Defendants do not have to give up hope in these types of situations, as criminal law does have protections against things like unreasonable searches and seizures.

A judge recently dismissed the charges against an Alabama couple who were caught up in a drug raid in 2018. For reasons that are unclear, police executed a raid on the couple's home in January 2018. The raid started without warning, and officials with the narcotics unit broke down the home's door and tossed in a flashbang grenade, which landed at the husband's feet. He and his wife were detained while police searched the home.

Machete-wielding man facing criminal charges for kidnapping, more

On behalf of Dean & Barrett posted in Criminal Law on Tuesday, April 30, 2019.

Police in Alabama recently arrested a man they say is connected to two different crimes. The man in question is facing several criminal charges, including first-degree kidnapping and first-degree burglary. In addition to his recent arrest, he reportedly also had several outstanding warrants.

Authorities were first made aware of a possible criminal situation when they received a phone call from a person who claimed to have been the victim of a burglary. The victim told police that a man holding a machete had broken into his or her home. The intruder allegedly fled after the victim confronted him.

Don't let these family law mistakes slow down your divorce

On behalf of Dean & Barrett posted in Family Law on Wednesday, April 24, 2019.

Facing the divorce process is challenging under the best of circumstances. At the onset it can feel distinctly large and overwhelming, and those feelings do not necessarily go away once a couple has embarked down that road. While dealing with the emotional aspect of divorce can take some time, here are some things to keep in mind when dealing with this important aspect of family law.

There is no denying that untangling a marriage is an emotional process whether a couple was married for a few years or several decades. With emotions running high on both sides, it can be tempting to try and hold out on negotiating as a way for one person to get exactly what he or she wants or to punish a soon-to-be ex. This can feel satisfying in the moment but lead to long-term consequences, such as drawn-out proceedings that are both expensive and time-consuming. Instead, approaching things like property division with a willingness to cooperate and negotiate can lead to easier, quicker and even cheaper results that everyone can be happy with.

Wrongful death: father, son killed in head-on wreck

On behalf of Dean & Barrett posted in Personal Injury Law on Friday, April 19, 2019.

A police chase in Baldwin County, Alabama may have led to a deadly, head-on accident that left five people dead. Of those who passed away, three were in the vehicle fleeing Alabama authorities, and two were in the SUV struck by the fleeing vehicle. For the surviving family members of those two vitcims, pursuing compensation through a wrongful death claim might be helpful for addressing emotional and financial damages.

Police say they attempted to initiate a traffic stop on the eastbound side of I-10. Instead of stopping, the driver of the car fled. Officers pursued the vehicle and reported that the driver exited the interstate, pulled a U-turn and then began driving toward oncoming traffic in the westbound lanes. It then struck an SUV head-on.

When can a police officer place you under arrest?

On behalf of Dean & Barrett on Tuesday, April 16, 2019.

No one thinks they will be arrested. Unfortunately, numerous individuals find themselves in predicaments that end with officers placing them under arrest. If this situation has happened to you, you may wonder whether the officer even had reason to arrest you.

If an arrest does not take place in a lawful manner, an accused person could use that information as part of his or her criminal defense. An arrest made without reason will undoubtedly not stand in court, and if you believe that your arresting officer did not follow proper procedure, you may want to further explore this possibility.

Family law: Woman awarded $150,000 for back child support

On behalf of Dean & Barrett posted in Family Law on Friday, April 12, 2019.

Child support is an important way to maintain a child's financial security after their parent's divorce. Despite this, some parents in Alabama skip some of their monthly support payments or never even pay in the first place. While this can be extremely distressing to parents with primary custody who count on those funds to care for their children, they generally have options under family law to secure their support.

Almost 50 years ago, a 74-year-old woman divorced her husband. The couple shared a 3-year-old daughter, and her ex-husband was ordered to pay $210 every month in child support for the two years following the divorce. After that, he was supposed to pay $160 per month until his daughter turned 18. However, instead of paying his child support, he apparently made an international move and had two more children.

Alabama woman faces multiple criminal charges for fatal wreck

On behalf of Dean & Barrett posted in Criminal Law on Monday, March 25, 2019.

Drunk driving charges are a serious matter in Alabama, but these allegations can be complicated by additional charges. For instance, if a person is accused of causing an accident while under the influence of alcohol, the accused may face additional criminal charges that have potentially severe consequences. This is apparently the case for an Alabama woman accused of causing a fatal accident.

The accident in question occurred nearly a year ago in April 2018. However, police did not issue an arrest warrant for the three counts related to the wreck until Feb. 21, 2019. This is not her first arrest, though, as after fleeing the scene of the 2018 wreck she was stopped and arrested for driving under the influence. It is unclear if officers were aware of her supposed connection with the wreck at the time of that arrest.

What do credit card reward points have to do with family law?

On behalf of Dean & Barrett posted in Family Law on Monday, March 18, 2019.

One of the most difficult and tricky parts of divorce is dealing with property division. Alabama couples have to tackle big decisions, like what to do with the marital house and how to handle retirement savings. These seemingly big decisions can often overshadow less obvious property that count as marital property under family law, including things like credit card reward points.

Whether the rewards are worth cash back on groceries or points toward air travel, credit card reward points have value. If these reward points were earned during the course of a marriage, then barring a prenuptial agreement or other extenuating circumstances, they are considered marital property. The points might be separate property if one person can demonstrate that they opened the card and earned the related reward points before getting married.