Divorce without a Reason in papers

[joybelle5445]

What is the name of your state?What is the name of your state? Alabama

I have a male friend that has recently divorced. His papers do not give any reason/explanation for the divorce. I thought that it would be a requirement to list WHY the divorce happened.....either a "fault" of some sort or Irreconcilable Differences. It also awards alimony to the ex. I would like to know how that could be. Wouldn't alimony constitute a fault divorce? And if so, shouldn't it be listed?

Oh, yea, here's the kicker....the papers also say that when the next tax refund is received, it is ordered that the court clerk endorse it and pay it to the ex, and no, there was no power of attorney given or any other acknowlegdement of this from the male. I have never heard anything like this before in my life. Please someone address this madness!

Thanks in advance....my friend is in a state of shock and confusion!

[VeronicaGia]

Did your friend go to court for the divorce or did he ignore it? Did your friend have an attorney? Did his ex have an attorney?

[dynomite26]

You posted a reply on my post. Thanks by the way. Yesterday was the first time I've used this website, and I have no idea how to chat with or send messages back to the people who replied to me. Can you tell me how?

[LdiJ]

Originally Posted by dynomite26

You posted a reply on my post. Thanks by the way. Yesterday was the first time I've used this website, and I have no idea how to chat with or send messages back to the people who replied to me. Can you tell me how?

You are just supposed to reply here...the same way that you did in posting the above message.

[joybelle5445]

Thanks for your reply.

My friend went to court in which he was represented by an atty. on 2 occasions and was paid $1900.00 out of the $2500.00 that he quoted my friend. (There was no written agreement between friend/atty. and now he knows what a mistake that was.) Just before the third and final court date, my friend received a letter of withdrawal from his atty. so he (foolishly) appeared in court without one (and didn't realize he could ask for continuance) and was taken to a room by the wife and her atty. and was told (basically) that they were gonna take whatever they wanted and what he (friend) WOULD be doing. When they went before the judge, the judge told them all they would be mailed his ruling.

The ruling was that he got his personal vehicle, his personal possessions (meaning guns, tools, and such, which he still has not received the majority of) and she would get everything else including the future tax refunds (which would be sent to the court clerk who would ENDORSE them and forward to (X)wife, and here's the cherry on top......$450 a month alimony til she dies or remarries, with no explanation of anything. PLEASE give me some insight into such a ruling if you possibly can and thank you for your help!

[LdiJ]

Originally Posted by joybelle5445

Thanks for your reply.

My friend went to court in which he was represented by an atty. on 2 occasions and was paid $1900.00 out of the $2500.00 that he quoted my friend. (There was no written agreement between friend/atty. and now he knows what a mistake that was.) Just before the third and final court date, my friend received a letter of withdrawal from his atty. so he (foolishly) appeared in court without one (and didn't realize he could ask for continuance) and was taken to a room by the wife and her atty. and was told (basically) that they were gonna take whatever they wanted and what he (friend) WOULD be doing. When they went before the judge, the judge told them all they would be mailed his ruling.

The ruling was that he got his personal vehicle, his personal possessions (meaning guns, tools, and such, which he still has not received the majority of) and she would get everything else including the future tax refunds (which would be sent to the court clerk who would ENDORSE them and forward to (X)wife, and here's the cherry on top......$450 a month alimony til she dies or remarries, with no explanation of anything. PLEASE give me some insight into such a ruling if you possibly can and thank you for your help!

I believe that Alabama is a "no-fault" divorce state so I don't believe a reason for the divorce needs to be listed on the ruling.

How long were they married?
What is the value (equity) of the assets the wife got to keep?
What is his annual salary?
Did they have any kids?
Did he sign any agreements?

[joybelle5445]

They had been married for app.20 yrs, no kids, no agreements and his salary at the time was around $45,000 yrly. The house was hers from a previous marriage and he wanted no part of it. No prob. He was trying to get out from under a woman who just this past year forged his signature on the tax refund papers (for more than 3 yrs now) and got the money without his knowledge (until after it was spent). A drug addict who did a year and half in a federal prison for drug possession, had several instances of bad check writing (his name not on them) and other numerous situations that he just flat out got tired of and wanted out. She lied and said she had no job or income during the divorce (a Lie), spent most of her time cooking meth at her residence and still finding time to harass him on the phone and at work. He brought all of these things to the attention of his attorney and was mentioned in court but must not have made an impression, then, of course, when it looked like it wasn't "cut & dried", the lawyer withdraws from his case knowing the final date was right upon them.

Even if Alabama is a no fault state, I would think that if alimony was awarded, it would have meant fault and would be stated. How would anyone know otherwise? Once again, thanks for the input.

[LdiJ]

Originally Posted by joybelle5445

They had been married for app.20 yrs, no kids, no agreements and his salary at the time was around $45,000 yrly. The house was hers from a previous marriage and he wanted no part of it. No prob. He was trying to get out from under a woman who just this past year forged his signature on the tax refund papers (for more than 3 yrs now) and got the money without his knowledge (until after it was spent). A drug addict who did a year and half in a federal prison for drug possession, had several instances of bad check writing (his name not on them) and other numerous situations that he just flat out got tired of and wanted out. She lied and said she had no job or income during the divorce (a Lie), spent most of her time cooking meth at her residence and still finding time to harass him on the phone and at work. He brought all of these things to the attention of his attorney and was mentioned in court but must not have made an impression, then, of course, when it looked like it wasn't "cut & dried", the lawyer withdraws from his case knowing the final date was right upon them.

I hate to tell you this but I don't think he got treated unfairly.

Alimony rarely has anything to do with fault. It has to do with the length of the marriage and the parties respective incomes.

20 years is definitely a long term marriage.

450.00 a month represents only 12% of his income. The remarriage clause got added. Alimony is tax deductable (above the line) to him and taxable income to her, so his actual cost is less.

Apparently he considers it fair that she kept the house that she had before the marriage (although he would have been entitled to half of the equity that accrued during the marriage...but apparently he didn't feel inclined to fight for that)