by mighty | Jun 26, 2015 | Alabama, Divorce, Family, Family Law, Significant Decisions, Uncategorized
In a landmark decision today, the US Supreme Court declared same-sex marriage legal in the case of Obergefell v. Hodges. This is perhaps the most significant civil rights decision since the 1960s.
Same-sex marriage is legal in all fifty states.
Marriage has long be held by the Court to be a fundamental right, which means any law infringing on that right is subject to the strictest scrutiny. Justice Kennedy gave the opinion of the Court, writing that under the 14th Amendment’s protections, “couples of the same sex may not be deprived of that right and that liberty.” All people are entitled to equal protection under the law.
Families come in all shapes and sizes. Alison Baxter Herlihy is dedicated to providing advocacy for those in solving their family law issues, while respecting human dignity and without discrimination based on the size and shape of your family.
From now on, let’s call it marriage. Equality for all.
by mighty | Jun 20, 2014 | Alabama, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions
Think you know what common law marriage means in Alabama?
There are many rumors and misconceptions about common law marriage, and your rights as a common law spouse in Alabama. It is a far more complex legal issue than most people understand. If you believe yourself to be married under common law status, you might want to consider what would happen were your partner to leave, or in the case of their death. Make sure you know your family law rights when it comes to common law marriage, and you can start by reading here for some of the basics:
1. Common misconceptions about common law marriage (these are not true!)
• If we have a child/children together we are common law married.
• We have lived together for years, and this makes us legally considered a common law married couple.
• I don’t have to get a court divorce to legally leave my partner if we are only common law married.
2. The three major facts about common law marriage in Alabama
• Fact: You are not considered to be in a common law marriage just because you have a child together.
• Fact: Living together for a specific period of time does not qualify your relationship as a common law marriage.
• Fact: True common law marriage is as legally binding as marriages that involve church or court ceremonies, and can only be dissolved by divorce, or the death of the spouse.
3. There are three major things that qualify a common law marriage as legally binding in Alabama
• To begin with, you and your spouse must have the “capacity to marry”. “Capacity to marry” means that both you and your spouse have the legal right to marry.
• Each person in the relationship must also have the intention to become married the other person.
• And finally both persons in the relationship must declare themselves to the community, their family, and their friends as a married couple. The couple actually must consider themselves to truly BE married, and demonstrate that consideration to others.
-Just because your partner declares an intention to one day formally marry you in a future ceremony this does not make your relationship status common law marriage. In fact, if this is the only evidence for intent , it may indicate to a judge that the third criteria for common law marriage has not been met because your partner does not consider himself to already be married to you.
4. What defines the legal right to marry (“capacity to marry”)?
• You must be an adult (at least 19 years of age).
• The state of Alabama has not yet recognized same sex marriages as legal. So, as of today, in order to be legally married either by legal ceremony or common law you must be the opposite sex of the person you wish to marry.
• Both people in the relationship must be of sound mind.
• Neither party can be legally married to another person outside of the relationship. Regardless of the situation of parentage, years spent living together, or declarations of intent, if one of the members of the relationship is still legally married to an outside person a common law marriage will not be recognized.
• If you do not have the “capacity to marry” before you live together, you can become legally married under common law later if divorce from previous spouses are obtained, or the death of previous spouses occurs.
Perhaps one of the most commonly asked questions about common law marriage is how to have a relationship recognized as such in order to protect your rights after a breakup with, or the death of a spouse. Because it is so difficult to determine intent, the only way to be sure is when a judge declares your status as common law marriage. Included in some of the factors a judge will consider are the following:
- The couple lived together
- The woman used the man’s last name
- Contracts were signed together to make major purchases, such as a home or car
- The couple filed joint tax returns
- Had joint bank accounts
- Referred to each other as husband and wife
- Shared household duties and expenses
- Had and raised children together
Many rights in divorce as well as any rights to inherit insurance, pension, or Social Security Survivor’s benefits are determined by proof of a couple’s common law marriage status.
by mighty | May 12, 2014 | Alabama, Children, Family, Family Law, Mobile, Significant Decisions, Uncategorized
With summer quickly approaching, many students will soon be ending the school year and beginning their summer breaks. Although this is an exciting time for the children, it can be stressful for parents who want to keep their children occupied through the summer vacation. Fortunately, there are many summer camp opportunities in the Mobile community that kids can participate in.
Below are a few summer camp options that kids up to the age of 14 can enjoy.
• YMCA. The YMCA offers summer day camps (ages 5-10) and adventure camps (ages 11-14) all throughout the summer. With multiple locations and a variety of classes, it is sure to keep your child entertained. The Y also offers free before and after work care. Fees for camps depend on which classes you choose. A full list with details can be found at www.ymcaofsouthalabama.org.
• Art Instructional Center. The Art Instructional Center at Lorretta Park offers an array of classes for children all throughout the summer. Classes include clay, glow in the dark art, paint your pet, art lab and many more. Classes range from $8-$20. Call (251) 460-2421 for more information.
• Volunteers of America Community Enrichment Center. The Volunteers of America offer classes highlighting many extra-curricular activities that may interest your child. These classes include cheerleading, acting, piano, dance, Tae Kwon Do, tennis, computer classes and many more. Classes range from $25-$35 dollars. For more information, call (251) 208-1661.
• Sunshine Skate Center Summer Skate. The Sunshine Skate Center is hosting a Summer Skate that has many flexible options for children and parents over the summer months. The center is open Tuesday, Wednesday and Thursday from 10am-4pm for an admission of $5. Tuesday night they will be open for Two Dollar Tuesdays, with $2 admission from 7pm-10pm. Thursday night they are open from 7pm-9pm for $1 admission. For additional information or hours, visit www.sunshineskate.com.
These are only a few of the many summer camps that are happening in our area. Most schools and churches also have a variety of activities throughout the summer that may be of interest to your children. You may view a much more detailed list of activities by accessing the Community Activities Program through the Mobile City Parks and Recreation Department at www.communityactivitiesprogram.com.
by mighty | Apr 16, 2014 | Alabama, Family Law, Legal Advice, Mobile, Significant Decisions, Uncategorized
Another Client Review on AVVO
by mighty | Dec 16, 2013 | Alabama, Family Law, Legal Advice, Significant Decisions, Uncategorized
Alison Baxter Herlihy has been recognized as one of the Top 40 Under 40 Family Law Lawyers in Alabama by the American Society of Legal Advocates.
ASLA is an invitation-only legal organization comprised of the nation’s most skilled lawyers. Its mission is to identify and help promote only the most outstanding legal talent in the country. ASLA recognizes lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards.
by mighty | Aug 6, 2013 | Alabama, Children, Custody, Divorce, Family, Family Law, Legal Advice, Significant Decisions
Below is a testimonial which I received from a client, whom I recently represented on a divorce and custody case. This is posted anonymously and with the client’s permission, of course!
After 2 years of an increasing decline in communication between my wife and I, it became clear to me that a divorce was inevitable. We were married for 7+ years and had 2 children together. I truly believed that our children were much better off in my primary care. I realized that I no longer could speak for myself against her and that I needed solid representation in order to litigate my situation in a court. I chose wisely. Ms. Herlihy is truly a professional. She listened to my concerns for both myself and my children, assisted in formulating the best possible approach to achieve my goals, did extensive research in order to prepare both of us for our objective, and ultimately sat by my side for what was the worst day of my life to date. She had me completely prepared, produced every fact and presented them with perfect legal standard, and ultimately dismantled all testimony against me. I am forever thankful for what she has done for me and my family. In the matter of divorce or child custody, there is no other choice than Alison Herlihy.
