Alabama Divorce Law & Contempt of Court

Posted by Steven D. Eversole | Apr 07, 2008 | 0 Comments

I filed a contempt of court proceeding today against a client's husband who violated a Pendente Lite Relief custody order.  Pendente Lite is just a fancy Latin way of saying temporary relief.  This temporary relief is granted during Alabama divorce proceedings to determine things like child custody and support, temporary alimony during the divorce(so that your spouse just can't cut you off and stop paying the bills) and often determines who gets to stay in the marital home.  This alimony, child custody, and child support, is only a temporary order until the divorce is final and the court has made a final determination on things like alimony, child support, child custody, etc. 

Well, I was able to secure my client temporary custody of her son, have her husband ordered out of the home, and I was able to obtain temporary alimony and temporary child support for my client during the Pendente Lite Relief hearing.  Of course, the husband received standard every other weekend visitation.  This past weekend he did not want to return the child to his mother per the court order.  In fact, he told her, "the boy is coming to live with me, and there is nothing you can do about it."  So I filed an emergency Petition for Rule Nisi, which is a contempt of court proceeding against the husband for his rash behavior.  The judge will hopefully rule on the motion ASAP.  I asked the court to put the offending husband in jail for five days(each violation of contempt is punishable by five days in jail), asked the court to make him pay my attorney's fees(which are often granted in contempt proceedings), and asked the court to end all unsupervised visitation and for the husband to return the child immediately.  I believe the court will rule in our favor soon.

When you need an Alabama divorce lawyer or attorney, do not settle for someone who does not focus his practice on Alabama family law and divorce.  I have filed six divorce complaints and answers this week alone.  I handle Alabama divorce and family law cases throughout the state of Alabama from a centrally located Birmingham locality.  And I publish this Alabama divorce and family law weblog, which requires extensive knowledge of Alabama divorce law to maintain.  I therefore, must keep myself informed of all relevant Alabama divorce and family law case law.  Do not settle for less. 

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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