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How Adultery (Ho-ing) Affects Divorce in Mobile, Alabama

mycasewebsites2 • June 21, 2014

I regularly advertise in the Lagniappe, Mobile’s weekly newspaper.  Every year, the Lagniappe allows Mobilians to vote on their local favorites.  You can visit their website here:   http://www.lagniappemobile.com/ .  One category is “Best Lawyer if Your Spouse is a Ho.”  Regularly, local divorce attorney legends Jerry Pilgrim, and his nemesis Claude Boone finish one and two among voters.

Adultery is serious business.  In my experience, neither husbands nor wives are more or less likely to offend, but it seems to me that men and women have different reasons for whether or not a single act of adultery is enough to call it quits.  For men, whether or not forgiveness is an option is linked to the perception of respect, whereas women connect to the idea of trust.  So…what if your estranged spouse  is   a ho?  What difference does it make legally?

Of course, the answer is: “It depends on your definition of ‘ho.’“ A while back, I wrote about equitable division of property in Alabama divorces.  Equitable division of property in this context means that the judge may consider the conduct of the parties during the marriage to make decisions on how to divide property and order, or not order, alimony.

In Alabama, infidelity is not a bar to alimony for the offending spouse (ho).  However, if the adultery was a factor in the break-up of the marriage, the judge may withhold an alimony order from an otherwise qualified ex-spouse.  In addition, adultery is normally not a consideration when deciding issues of custody, unless the offending spouse (ho), has somehow involved the children in, or otherwise made the children witness to, the adulterous behavior (ho-ing).

Here’s the bottom line:  Being a ho can put you at a disadvantage during the negotiation and or trial of your divorce, whereas refraining from ho-ing places you in a much better legal position when you decide to end a marriage.

Don’t get me wrong; I understand that the infidelity on one side may be directly related to action or inaction on the other side.  Just because you may be guilty of an infraction against the monogamy provisions of the marriage commitment doesn’t automatically mean that you are screwed (no pun intended) when it comes to a divorce settlement.  What it means is that you need a lawyer who can articulate to the other side, and maybe the judge, why your conduct may not be as egregious as the other side wants to portray it.

Whether you find yourself dealing with a ho, or accused of the ho-ing, I might be able to help.  One thing is certain: this won’t get better with time.  Call me at: (251)445-0891, or email me at: ron@mcbaylaw.com for an appointment to discuss your case.

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • August 29, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • April 24, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • September 5, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • July 6, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • June 6, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • March 30, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • March 22, 2017
Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • December 30, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • November 2, 2016
If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • September 29, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.
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