Legal Blog - Page 2 of 2

Sep 4, 2020 | By Antonia DeFeo | Read Time: < 1 minute

Federal Court Orders Monitoring to Improve Mental Health Care in Alabama Prisons

On Wednesday, September 2nd (9/2/20), a federal order was issued by U.S. District Judge Myron Thompson to monitor the Alabama Department of Corrections’ (ADOC) mental health services for inmates. Despite previous intervention and court monitoring efforts, ADOC has failed to provide adequate mental health care for the incarcerated. The adopted monitoring plan is designed to address the serious issues within the prison system and ensure long-term compliance. Our team at Dagney Johnson Law Group are working alongside the SPLC, ADAP, and Baker Donelson to litigate the claim in an effort to provide Alabama inmates with the constitutional care and treatment they deserve. Featured Story: Southern Poverty Law Center

Aug 24, 2020 | By Antonia DeFeo | Read Time: 4 minutes

Divorce

What Is an Uncontested Divorce in Alabama?

If you are in the process of planning for an Alabama divorce, it is important to know what types of divorce exist. Depending on what type of divorce yours is, the process will be different. A divorce can be either contested or uncontested. A “contested” divorce, as the name suggests, means that the spouses contest the terms of the divorce. But what are “uncontested” divorces in Alabama? This article will provide a brief overview of uncontested divorce in Alabama, giving you a better idea of what to expect. If you have questions, contact an Alabama divorce attorney to discuss your options and determine how you should move forward. Uncontested Divorce in Alabama: An Overview An uncontested divorce in Alabama is also called a simple divorce. Whereas a contested divorce can be complicated and contentious, an uncontested divorce is often a more simplified process. In an uncontested divorce in Alabama, the spouses agree on all issues required to terminate the marriage. Ultimately, this makes the divorce faster and cheaper than a contested divorce. Requirements for an Uncontested Divorce in Alabama In an uncontested divorce, both parties must agree on all aspects of the divorce. This means that not only do the parties need to agree to the termination of the marriage itself, but they must also agree on items such as: Division of property and assets, Division of debt, Child custody arrangements, and Alimony. If you and your spouse cannot reach an agreement on these issues without court intervention, then you cannot proceed with an Alabama uncontested divorce. There are a few additional requirements for uncontested divorces in Alabama that you should be aware of. First, at least one party to the divorce must have been a resident of Alabama for at least six months prior to filing. Additionally, you must file your divorce in the correct county. In Alabama, you must file for divorce in the county in which: Your spouse lives; You both lived when the separation occurred; or You live, if your spouse is not a resident of Alabama. Even if your divorce is uncontested, failure to file in the appropriate county can complicate the process moving forward. HOW DOES THE UNCONTESTED DIVORCE PROCESS WORK IN ALABAMA? Although an uncontested divorce in Alabama means you and your spouse may agree to the divorce, it does not mean conflict may not arise at some point during the proceedings. Therefore, either spouse should consult with their attorney before signing any documents. Residency Alabama law requires that one spouse be a resident of Alabama for at least six months before filing for an uncontested divorce in Alabama. You must file proof of residency to proceed. File Complaint for Uncontested Divorce in Alabama The plaintiff in the matter typically files the complaint for an Alabama uncontested divorce. The complaint provides details about why you are filing for an uncontested divorce in Alabama. The complaint requires necessary information about you and your spouse, including your names, your marriage date, and whether you have any minor children. Fees Filing an uncontested divorce in Alabama requires a fee. Costs for filing vary by county in the state of Alabama. An experienced family law attorney knows the fees to file in the county where you reside. Fee waivers are available if you cannot afford to pay. Proof of Service Once you file for an Alabama uncontested divorce, you need to serve those documents on your spouse. You provide a copy of these documents with a proof of service. You may serve documents by First-Class Mail. Once they are mailed, you file the proof of service with the court. Additionally, you may request that a Sheriff serve your spouse a copy of these documents personally. In some circumstances, a person may be unable to locate their spouse. You may wish to publish a copy of the divorce documents in a local newspaper in these situations. Most court rules require publication of the complaint for four consecutive weeks in a local newspaper. When the successive publications finish their cycle, the court considers service on your spouse completed. Alabama Uncontested Divorce Forms The first step to filing for uncontested divorce in Alabama is completing your formal court complaint. While this can seem intimidating, the State of Alabama fortunately provides “do it yourself” forms on its website. One of these includes a divorce complaint. Additional forms required for an uncontested divorce in Alabama include the following: CS-47. Alabama courts require filing of this child support information sheet regardless of whether any children are involved in the uncontested divorce. Complaint. As described above, the complaint provides basic information to the court and asks the court for an uncontested divorce. Acknowledgment of non-representation. If you have an attorney, but your spouse does not, the court requires this form’s filing. All parties sign the document. Answer. An answer acknowledges that your spouse received a copy of the complaint for an uncontested divorce in Alabama. Waiver. If your spouse waives their right to service of process, the court requires the filing of a waiver. Testimony of Plaintiff. The plaintiff’s testimony is a notarized document wherein the plaintiff asserts grounds for the divorce and that no hope exists for reconciliation. The form also requires certification that your spouse is not a member of the military. Vital statistics form. The vital statistics form certifies the divorce for state records. Affidavit of residency. The affidavit of residency is a notarized document by a third party stating that you meet the residency requirements to file an uncontested divorce in Alabama. While you can complete this form on your own, it is always beneficial to have an Alabama divorce attorney review it and ensure that you don’t miss anything important. Contact an Alabama Divorce Lawyer Today If you have questions about how to file your uncontested divorce complaint, or if you have any other questions about uncontested divorce in Alabama, contact an attorney today. An experienced Alabama divorce attorney can help to make a stressful and emotional process feel...

Aug 24, 2020 | By Antonia DeFeo | Read Time: 3 minutes

Divorce

What Is the Alabama Divorce Process?

About 40 to 50 percent of marriages in the United States will end in divorce. While this is of course not what people hope for when they get married, it is a reality that many couples do face. A divorce can often be a complicated and emotional process. However, having an experienced divorce attorney in your corner can be a great asset in helping you get through this difficult time. If you are considering filing for divorce, we want to help. Read on for an overview of the Alabama divorce process so that you can better protect your rights and prepare for this next phase of your life. Divorce vs. Legal Separation in Alabama Before diving in, it is important to understand the difference between a divorce and a legal separation. While people often use these terms interchangeably, they actually describe two separate processes. Legal separation in Alabama is defined as a “court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship.” Notably, a legal separation does not terminate the marital status of the parties. A divorce, on the other hand, does terminate the marital status of the parties. Thus, after a divorce, you and your spouse will no longer be married. Steps in the Alabama Divorce Process In this article, we will be discussing the divorce process in particular. While the Alabama divorce process can sometimes be complicated, knowing the basic steps can help. File Your Complaint and Wait for Your Spouse to File Their Answer The first step in the Alabama divorce process is filing your divorce complaint. This complaint announces your intent to terminate the marriage and is necessary before taking any further action. After you file the complaint with the court, you must also serve the complaint on your spouse. This formally notifies them that you have initiated a divorce action to seek termination of your marriage. Discovery, Negotiations, and Trial In some situations, a divorce will be uncontested. This means that both spouses agree on all issues, which allows the judge to easily finalize the divorce. In other situations, however, the process is less simple. In a contested divorce, parties will often disagree on things such as property division, child custody, and child support. When this happens, you may need to proceed with discovery. Types of discovery tools in a divorce proceeding include: Interrogatories, Requests for production of documents, Requests for admissions, Subpoena of documents, and Depositions. All of these discovery tools can help compile useful documentation and information to help support your position in a divorce. Once you have this information, you can then begin negotiating a potential divorce agreement. Having an experienced divorce attorney can become a great benefit. An attorney can help you negotiate and review any potential agreements and fight to ensure that your divorce does not result in an unfair outcome. Then, if the parties cannot reach an agreement, an attorney can help you prepare to take your divorce to trial. Contact a Divorce Attorney Today While you don’t always need an attorney to help with your divorce, having one can frequently make the process easier. More than that, an attorney can help protect your rights and ensure that your divorce ends in a fair and equitable resolution. If you are in the process of going through a divorce, or if you have questions about how to get started, Dagney Johnson Law Group is standing by and ready to assist. Our team of legal professionals has been helping clients in Alabama for over 40 years, and we want to do the same for you. We know that going through a divorce can be one of the most difficult times in a person’s life. Contact us online or by phone at (205) 937-6564 today to discuss your case and see what we can do for you.

Aug 24, 2020 | By Antonia DeFeo | Read Time: 3 minutes

Divorce

How Much Does It Cost to Get a Divorce in Alabama?

Going through a divorce can be a complicated and time-consuming process. Unfortunately, this can’t always be avoided. But how much does it cost to get a divorce in Alabama? This is a question that many clients have, and it is definitely something you should know before proceeding. Before you get too deep into the process, you should have an idea of what this could ultimately cost. Our Birmingham divorce lawyers will explain. Let’s dive in and take a look at the cost of divorce in Alabama. Cost of Divorce in Alabama A common question that many people have is, How much does it cost to divorce in Alabama? While there is no one specific answer, there are factors to look at to determine what the cost of your divorce may be. Court Filing Fees The first thing to consider when discussing the cost of divorce in Alabama is filing fees. Regardless of whether you handle your divorce on your own or you hire an attorney, there will always be court fees to pay. However, this filing fee can vary in Alabama from county to county. For example, in Baldwin County, the court cost for filing an uncontested divorce is $227. In Madison County, however, the filing fee is $324. If your divorce is uncontested, meaning that both parties agree to the divorce and its terms, then you may be able to complete the process without paying much more than the filing fees. However, in some situations, matters may be more complicated. This may lead to a more expensive process. Other Factors Beyond the initial filing fee, you may need to hire an attorney to assist with your case. While this may add costs to the process, it may actually be beneficial in the long run. The cost of divorce in Alabama can vary based on a number of factors. These factors include: Whether you have children, Whether the divorce is contested, Whether you have a prenuptial agreement, and The extent of your assets. Some attorneys may offer flat fees for an uncontested divorce. However, in more complicated scenarios, a divorce attorney may charge an hourly rate until your divorce is complete. Depending on the complexity of your case and the factors involved, it may take more time to resolve your case. It may seem intimidating to start thinking about the divorce cost in Alabama. Nevertheless, it is important to know what your costs might be to prevent surprise when the time comes. Understandably, people will often want to limit their costs in a divorce proceeding. However, depending on the facts and circumstances of your case, spending a little more to retain a divorce attorney may save you money in the long run. Contact an Alabama Divorce Attorney Today If you have questions about the cost of divorce in Alabama, the legal team at Dagney Johnson Law Group can help. We have been helping clients through the most difficult times in their lives for over 40 years, and we are prepared to do the same for you. Going through a divorce can be a stressful and emotional process, but we will be there for you every step of the way. Contact us today online or by phone at (205) 937-6564 for a free case review to discuss your case and see what we can do for you.

Aug 24, 2020 | By Antonia DeFeo | Read Time: 2 minutes

Divorce

How to File for Divorce in Alabama

Most people get married with the intent to stay married. Nevertheless, the reality is that not all marriages will ultimately work out, and that’s okay. However, if you are thinking about filing for divorce in Alabama, it is important to follow the proper process. Going through a divorce can be complicated and life-changing. Further, a divorce can bring out a lot of emotions in the parties involved, making the process feel overwhelming at times. Know that you are not alone. An experienced Birmingham divorce attorney can help you navigate the process of filing for divorce in Alabama and work with you to get you through this difficult time. How to Get a Divorce in Alabama: An Overview Filing for divorce in Alabama can be intimidating, and you may not know where to even start. However, having a general idea of the process and requirements can help alleviate some stress. Preliminary Matters to Address Before filing for divorce in Alabama, there are a few preliminary matters that you will need to address. Primarily, it is important that at least one party to the divorce has lived in Alabama for at least 6 months prior to filing. Additionally, you should be aware of the requirements regarding where you can file your petition for divorce. Specifically, you may file for divorce in the county in which: Your ex currently resides; You both resided when the separation occurred; or You reside, if your ex is a non-resident of Alabama. If you have questions about where you should file your divorce petition, contact a lawyer to discuss your particular circumstances in more detail. Prepare and Serve Your Divorce Complaint Next, you will prepare your complaint for divorce. The State of Alabama does provide some self-help Alabama divorce forms to help parties who may not have an attorney. But depending on the complexity of your situation, you may need an attorney to help draft your complaint. In an uncontested divorce, where both parties agree on all issues, the process may be simpler. However, parties will frequently disagree on a number of important items such as: Property division, Child custody, Child support, and Alimony. In situations where these issues are contested, it can be difficult to know how to prepare your divorce complaint. An attorney can help you craft your complaint and gather documents to help support your case moving forward. Once you’ve filed your complaint with the court, you will also need to serve it on the other party. After you serve your divorce complaint, the opposing party will have 30 days to respond. Contact Our Legal Team Today For your divorce case, you deserve someone who has the knowledge and resources to help with your case. But just as important, you also deserve someone who understands what you are going through and who will fight to get you the best outcome possible. The Dagney Johnson Law Group has been helping clients in Alabama for over 40 years, and we are ready to do the same for you. If you have questions about how to file for divorce in Alabama, contact our team online or by phone at (205) 937-6564 today.

Aug 24, 2020 | By Antonia DeFeo | Read Time: 3 minutes

Boat Accidents

What to Do After a Boating Accident in Alabama

Boating accidents in Alabama are on the rise. No matter what precautions you take, there is always a chance that an accident may occur. Thus, it is important to be prepared in the event this happens to you. But where do you start? If you or a loved one has sustained injuries in a boating accident in Alabama, keep reading to learn what steps you should take. Then contact our team of Alabama boat accident lawyers to discuss your case and see how we can help you recover. Steps to Take Immediately After Your Accident Being involved in a boating accident in Alabama can be a scary experience. But it is important to try your best to stay calm and take appropriate action. Doing so is essential to both your safety and your potential recovery moving forward. Immediately after an accident, your safety and that of your passengers should be your first concern. Check for injuries and ensure that everyone is okay. After you have done so, the next step is to begin collecting evidence and information at the accident scene. Examples of evidence and information you should gather and take note of include: Registration numbers and names of any vessels involved; Identifying information of the owners of each vessel involved; The date and time the accident occurred; The approximate location on the water in which the accident occurred; The estimated air and water temperature; and The visibility, weather, and water conditions at the time of the accident. Most of this information will also be required when you report your accident, so it will be helpful to have it ready. Reporting Your Accident After a boating accident in Alabama, don’t delay. It is important to start taking the necessary steps as soon as possible. In fact, Alabama law requires that you submit an accident report within 10 days from the date of the accident if any of the following result: Death; Disappearance of any person; Injury causing any person to remain incapacitated for over 72 hours; or Property damage in excess of $2,000. You must report your accident to the Department of Conservation and Natural Resources, Marine Police Division. This is the first step in the process, so make sure to report within the 10-day period. How to Obtain a Copy of Your Alabama Boating Accident Report To obtain your Alabama boating accident report, you can send a written request directly to Alabama Marine Patrol. Written requests must include the following information: The date of the crash; The body of water on which the accident occurred; and Names of any people involved. The cost of obtaining your boat crash report is $10, and it can take a few weeks to process depending on the specific circumstances. Thus, it is important to get the process started quickly to get a copy of your report as soon as you can. Contact an Attorney Today If you have questions about what to do after a boating accident in Alabama, reach out to the Dagney Johnson Law Group today. Our team has the experience and resources necessary to help you with your boating accident claims. But more than that, we also know this can be a tough process to navigate on your own. We want to make sure you feel comfortable and cared for during this difficult time. Contact us online or by phone at (205) 937-6564 today to discuss your case and see what we can do for you.

Aug 24, 2020 | By Antonia DeFeo | Read Time: 2 minutes

Boat Accidents

Alabama Boating Accident Laws: What You Should Know

Everyone knows that you must follow the rules of the road when you drive a car. The rules on the water, however, may be less well known. If you are an avid boater, you should be aware of the applicable boating laws and requirements. Alabama boating law is just as important as traffic law, and failure to comply can result in consequences. If you have questions about boating laws in Alabama, our team of experienced Birmingham boating accident attorneys can help. Talk to us today to learn more about your rights and responsibilities under Alabama boating law. Alabama Boating Law: An Overview Deaths resulting from boat accidents in Alabama are on the rise. Often, these deaths can be prevented by taking proper precautions and following the requisite boating laws in Alabama. To better protect yourself, your passengers, and others on the water, it is essential that you know and understand these laws and regulations. Legal Requirements for Boat Operation in Alabama The Marine Police Division of the Department of Natural Resources regulates boating laws in Alabama. There are a number of requirements that you must adhere to before lawfully operating a boat in Alabama. Below are a few of these requirements: Watercraft must be registered; No person under the age of 12 may operate a motorized vessel; As a boat owner in Alabama, you must have a valid certification number; and While boating, you must have a wearable personal flotation device (PFD) for every person on board. Before operating a boat at all, however, you must take an exam to obtain your boating education and operator certification/license. Is Boat Insurance Required in Alabama? The State of Alabama does not mandate liability insurance for boaters. However, this does not necessarily mean that you should not have some form of insurance coverage. Even if Alabama does not require insurance coverage, it may still be a good idea. If you are responsible for damages that occur in an accident, having insurance can ultimately be beneficial. Boat Accident Laws After an accident on Alabama waters, it is important to know how to respond. In the event an accident occurs, you may be subject to strict reporting requirements. You must report an accident to the Department of Conservation and Natural Resources Marine Patrol Division if any of the following occur: Death, Injury, or Damage exceeding $50.00. If any of the above occurs, you must submit your report within 10 days of the accident. Contact a Birmingham Boat Accident Lawyer Boating can be an enjoyable activity to take part in. However, failure to do so safely and in compliance with the requirements under Alabama boating law can result in harm to yourself and others. Thus, it is important to know the rules and regulations before taking a boat out on Alabama waters. The attorneys at Dagney Johnson Law Group have been helping clients in Alabama for over 40 years, and we are ready to do the same for you. If you have questions about the legal requirements for boat operation in Alabama or were injured in a boat accident, please don’t hesitate to contact our team today online or by phone at (205) 937-6564 to see how we can help.

May 28, 2020 | By Antonia DeFeo | Read Time: < 1 minute

Community

Dagney Johnson Law Group Wins Alabama Legal Food Frenzy Sole Proprietor Award

The 5th annual Alabama Legal Food Frenzy ended on May 15th, 2020 with a number of law firms and legal organizations working together to fight hunger. The COVID-19 outbreak brought many challenges with it, including economic hardships and food insecurity. In an effort to help the local Alabama communities, the virtual food drive managed to raise enough money to donate over $17,000 dollars worth of meals to those that need them most. We would like to thank the Alabama Legal Food Frenzy organizers for giving us the opportunity to give back to our local communities. Altogether, we managed to raise enough money for 2,875 meals (1,438 meals per employee).