The Devastating Impact of False Allegations of Abuse in Divorce

Unfortunately, allegations of domestic violence or abuse are common in Alabama divorce proceedings. In some cases, one party is able to present evidence to substantiate the claims. In these cases, family courts must investigate into the matter and consider it when making decisions on things such as child custody.

In many cases though, these allegations are false. In fact, one study out of Texas shows that hundreds of families across America deal with false allegations of abuse every week. When this happens, one spouse states the other is abusive in an effort to influence divorce hearings. For the accused spouse, these allegations are extremely difficult to deal with and have significant impact.

Orders of Protection

After one spouse makes allegations of domestic violence or abuse, a judge may issue an emergency order of protection. The legal standard for these orders is very low, even though they have tremendous impacts for both the short and long-term.

Orders of protection are no-contact orders. Once one is issued, the accused can no longer have contact with the accuser. They often have to leave the family home and cannot even have contact with their children. It can prevent one parent from taking the children outside of a certain jurisdiction, even for a very short time. It can also prevent the accused from selling or disposing of personal or real property. All of this can happen without any real proof of abuse being presented to the courts.

Once an order of protection is issued, the terms are legally binding for the accused. Violating the order, or false allegations of violating the order, also have real consequences. In fact, it could mean jail time for the alleged offender.

Impacts of the False Allegations

A false allegation of domestic violence or abuse always has a severe impact. However, in divorce cases, it can be disastrous for those accused.

In most cases, once a false accusation has been made, or an order of protection issued, the accused parent must stay away from both their spouse and their children. This means absolutely no contact, at least initially. Sometimes though, that contact ban remains in place for the entire proceedings. In some cases, a judge may allow the accused parent supervised visitation, but this is rare.

When children are prevented from seeing their parents, it always has a negative impact. In divorce proceedings, though, the effects can be devastating. Preventing a child from seeing one parent throughout divorce proceedings automatically swings child custody matters in favor of the accusing parent.

The accusing parent can easily argue that the child should remain with him or her because this is the arrangement to which the child has become accustomed. If a child spent the entire divorce proceedings with the accusing parent, that parent can then argue that dividing time up equally between both parents now would cause confusion and insecurity for the child.

Unfortunately, this tactic, although extremely unfair, is also quite effective. In many cases, it works for the accusing parent.

How to Clear Your Name

Hearing your spouse falsely accuse you of domestic violence or abuse in court is shocking and upsetting. However, you do not have to sit there and simply wait for the judge to issue an order of protection. You must fight the allegations, and once again level the playing field.

An attorney can help you get an order dismissed, vacated, or modified so that you at least have some visitation with your children. While you may still have the accusation hanging over your head, taking these steps can help you in your child custody case later on. Of course, any evidence you can present that the other spouse is lying will also help. Although it is difficult to prove something never happened, it is possible to prove your spouse has been dishonest in the past.

Contact Our Alabama Family Attorneys for Help

Divorce can quickly become ugly and unfortunately, there are a number of tactics spouses use just to win their case. This includes making false accusations of domestic violence and abuse. When a spouse makes these false allegations, it is extremely difficult for the one accused, but do not give up hope. One of our Birmingham family attorneys is here to help.

At Massey, Stotser & Nichols, PC, we are committed to helping those going through a divorce. We will work hard to ensure proceedings are fair, that your rights are upheld at all times, and will refute any false allegations made by the other side. Call us today at (205) 619-6290 or send us a message online to schedule a consultation.

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Divorce Terms Everyone Should Know

Divorcing from your spouse is not as simple as saying that the marriage is done and you both want to go your separate ways. There is a formal legal process that must be followed so that you and your spouse are no longer legally connected. An experienced divorce attorney can help you through the process and ensure that the right steps and actions are taken so that there are no hiccups in your case. While your attorney is on your side and explaining what is happening every step of the way, you might want to have a general understanding of some of the terminology associated with divorce proceedings so that you can best prepare for the road ahead. Knowing some terminology early on can also help you figure out which questions your want to ask.

The legal system in the United States is complex and can be confusing. Individuals can gain experience by going through different legal proceedings, but likely are only going to know a limited amount of information about their particular situation, not the system in general. The following are terms that often arise during divorce proceedings:

• Civil Procedure: Divorce proceedings are a part of civil court. In order for proceedings to go smoothly, both in divorce and other civil manners, there are certain rules that must be followed by all parties to be compliant with the law. Alabama has its own Rules of Civil Procedure. Included in these rules are the time frames in which documents must be served, the amount of notice that must be given to another party, filed document requirements, and many other rules that might apply in a particular case.
• Residency Requirement: In order to file for a divorce in Alabama, there are residency requirements that must be met. Both parties are not required to be a resident of Alabama. If the defendant is not a resident, the filing spouse, the plaintiff, must have been a resident of the state of Alabama before the divorce can be filed.
• Jurisdiction: Every case needs to be filed in the proper jurisdiction. In a divorce proceeding, there are different options that might be appropriate depending on the circumstances. A divorce can be filed:
  • In the county where the defendant to the divorce resides
  • The county where the couple seeking the divorce lived at the time of their separation
  • In the county where the plaintiff resides if the defendant is not a resident in the state of Alabama
• Legal Grounds for Divorce: In order to file for divorce, there needs to be a reason for it. Alabama recognizes the following as legal grounds for divorce:
  • Abandonment of marriage voluntarily one year before filing the case;
  • The court determining that the spouses are incompatible to live together any further;
  • The court determining there was a breakdown of the marriage that is irretrievable;
  • One spouse being incurably incapacitated after entering into marriage;
  • A spouse committing adultery;
  • Imprisonment of a spouse for at least two years of a seven year or greater sentence;
  • A spouse committing a crime against nature
  • Addiction to drugs, alcohol, or other impairing substances
  • Confinement in a mental hospital for five successive years, if incurably insane at the time of filing;
  • A wife being pregnant without the husband’s knowledge at the time of marriage;
  • Violence against a spouse; or
  • A wife living separate of her husband for at least two years, with no support given from the husband.
• Property Division: One of the biggest elements of a divorce is determining what happens to marital property. Alabama is an equitable distribution state. This means that whatever is deemed to be marital property will be split equitably among the spouses. It is important to note that equitable does not mean equal. The court will determine what a “fair” distribution of property will be. Spouses can come to their own agreement that is then approved by the court.

If you are considering filing for divorce and do not know where to start, the divorce attorneys at Massey, Stotser & Nichols, PC are here to help you. We know that it can be difficult to come to the decision to end a marriage. We want to help set you up for success in the next chapter of your life by representing you through divorce proceedings and reaching the best result possible under the circumstances. Contact us today for a consultation.

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Can I Receive Gifts During Real Estate Closings?

Commercial real estate is a tough market for consumers. Anyone looking to put their property on the market can quickly find themselves bombarded with real estate agents looking to help them sell it. Licensed real estate agents need customers to work with. This includes both those looking to buy and sell property. One way in which a real estate agent might look to garner more clients is through various incentives like gifts, cash, prizes, or other types of valuable incentives. While this is great for prospective clients and the real estate agent garnering interest in their services, the legality of offering incentives must be examined under Alabama law.

There are both federal and state statutes that illustrate what a licensed real estate agent is and is not allowed to do regarding incentives that can be used in real estate transactions. State law prohibits the licensed real estate broker to give a rebate or receive a rebate in a transaction. Federal law prohibits “kickbacks.” The licensed real estate broker cannot receive unearned fees that are connected to a real estate transaction. These two laws may seem to contradict each other, but there are examples of “gifts” that might be permissible in a real estate transaction.

Any “incentive” that is being given during a real estate transaction can only be given to a party. Typically, this means that only a buyer, seller, lessee, or lessor may benefit from any incentive advertised. The following are incentives and gifts that are permissible during real estate transactions in Alabama:

• Owners of a property being paid cash when the property is listed for sale
• Offering a cash incentive to a buyer who is interested in buying a home, so that the sale will proceed
• Gifting a car to a customer as an incentive to buy a home
• Offering one month of free rent to a lessee interested in renting an apartment
• An agreement for any repairs that need to be made on a home to paid for by someone other than the buyer in an effort to close the sale.

It is not enough for an incentive to fall within these permissible categories. The way in which a gift is given also carries a lot of weight in a transaction. Other laws cannot be violated in an attempt to offer up an incentive to a party of a real estate transaction. The following are the main requirements for incentives during a real estate transaction:

• Every party to the transaction must be informed about any incentive or gifts being given
• The incentive needs to be given in advance of, or at, the closing of the sale.

If a licensed real estate broker fails to disclose an incentive, misrepresents it, or otherwise fails to disclose the transaction to an interested party, this is considered a violation. A violation could result in voiding a contract for sale or even criminal charges in some instances.

While it is helpful to know what is permissible under the law, it can be equally as important to know what to look out for, what red flags to be aware of. The following incentives are not permissible in a real estate transaction:

• Referral fees paid to a licensed real estate broker by a title insurance company, mortgage company, or homeowners’ insurance. A paid vacation to the licensed broker is also considered a rebate
• Referral fees paid to the licensed real estate broker by various contractors: pool installer, carpet installer, landscaper, etc.
• A license real estate agent paying a fee to another for referring a buyer or seller to them for business.
• Essentially, be wary of referral fees that are present in a transaction and make sure to find out if they are valid.

The real estate attorneys at Massey, Stotser & Nichols, PC are here to help you with your real estate closing. We have vast experience with real estate transactions, and we want to be sure that your closing goes off without a hitch. Buying a new piece of property is an exciting time. You should not have to worry about anything during this process, especially the validity of the closing agreement. Let us handle the legalities of closing and making sure that everything is done according to the letter of the law. Contact us today for experienced legal assistance.

Can I Receive Gifts During Real Estate Closings? published first on https://www.msnattorneys.com

Two MSN Attorneys in the 27th Edition of The Best Lawyers in America

BIRMINGHAM, Ala. – Massey, Stotser & Nichols, PC, a law firm based in Birmingham, Alabama, has announced that two of its attorneys have been included in the 27th edition of The Best Lawyers in America. The Best Lawyers In America is a highly regarded peer-reviewed publication that has been highlighting the top private practicing attorneys in the US for more than 30 years.

Senior Partner Randy Nichols has been honored for his work in family law. He practices all aspects of family law litigation and appeals as well as mediates family law disputes. Born and raised in Virginia, he went to college at Duke University. He then went to law school at the University of Virginia School of Law. He moved to Alabama in 1986 to pursue a career in law.

Randy is a Certified Mediator for Appellate Courts. He has taught family law as an Adjunct Professor at the Cumberland School of Law and the Birmingham School of Law. In 2002 and again in 2019-20, he has served as president of the Alabama Chapter of the American Academy of Matrimonial Lawyers. He is a member of the Alabama State Bar Association and Birmingham Bar Association. He has been a partner at the firm for over 20 years.

Partner James A. Kee, Jr. has also been honored for his work in construction law. Mr. Kee’s practice is primarily in the area of civil litigation with an emphasis on insurance and corporate defense. He specializes in construction litigation (residential and commercial) and insurance coverage analysis/litigation as well as the defense of a variety of personal injury claims (product liability, construction accidents, automobile accidents, and premises liability). His litigation work includes significant state, federal, and appellate court practice.

Jim Kee graduated from Auburn University in 1981 with a Bachelor’s degree in Business Administration. He later graduated from the Cumberland School of Law at Samford University in 1985. He is a member of the Alabama State Bar Association. He has also held the Martindale Hubbell AV rating for 20 years. He is a member of or is associated with the Alabama Defense Lawyers Association, Defense Research Institute, Elite Lawyers of the South (ALM and Martindale), Alabama Super Lawyers (Construction/Insurance), and more.

We are so proud that Randy and Jim have been selected for this recognition. It is a true testament to their dedication to each of their practice areas and to making sure that our clients have the best representation,” said Rick Stotser, MSN Attorneys Senior Partner. “Their unwavering commitment to their clients is what has made them stand out year after year.”

Massey, Stotser & Nichols, PC, was founded in 1977 to provide legal services for individuals, families, and businesses in the Birmingham area. The firm offers representation in areas including business law, real estate law, mediation, insurance, construction, government, family law, estate planning, and probate. The firm’s team of Alabama trial and transactional attorneys has a broad range of knowledge and experience. In addition to its professional associations, the firm is also actively involved in supporting local organizations.

The Best Lawyers in America©, first published in 1983, has used a very strict peer-review process, consistently, to fulfill its core mission – to highlight the top legal talent in America. The scope and scale of the publication have dramatically grown over the past three decades. It continues to be a trusted and unbiased voice, respected by both clients and legal professionals all over the country. The 2021 Edition, which is also the 27th edition, is based on more than 8 million evaluations and recognizes just over 65,000 attorneys in 147 practice areas. It has been organized by state, city, and practice area for easy readability.

Two MSN Attorneys in the 27th Edition of The Best Lawyers in America published first on https://www.msnattorneys.com

MSN Senior Partner Anne Lamkin Durward Is Appointed as Domestic Relations Circuit Judge in Alabama

BIRMINGHAM, Ala. – Massey, Stotser & Nichols, PC, is pleased to announce that Anne Lamkin Durward, a Senior Partner at the firm, has been appointed by Governor Kay Ivey to serve as a Domestic Relations Circuit Court Judge in Jefferson County, Alabama. Ms. Durward is honored to have been appointed to this position and looks forward to serving the citizens of Jefferson County.

Anne Lamkin Durward is from Birmingham, Alabama, and she attended Washington & Lee University in Lexington, Virginia. After that, she returned to Birmingham to obtain her law degree from Samford University’s Cumberland School of Law in 1995. She continues to serve as a coach for the National Moot Court Team of the Cumberland School of Law. Throughout her career, she has been involved in numerous organizations, including as a Fellow in the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. She also has served on the board of several organizations and she has been very active in the legal community and Birmingham Bar Association.

MSN was established in 1977 to offer legal services to individuals, businesses, and families in the Birmingham area. The team of Alabama trial and transactional lawyers at MSN have a wide range of knowledge and experience. They cover many practice areas, including real estate law, business law, insurance, mediation, family law, government, construction, estate planning, and probate.

Senior Partner Randy Nichols has this to say about Anne Lamkin Durward’s appointment as a Domestic Relations Circuit Court Judge, “We know Anne will serve with distinction and wish her the absolute best in this new chapter of her distinguished career. No doubt she will perform well in her role as domestic relations circuit court judge. Our firm will miss Anne immensely, but the people of Jefferson County will benefit greatly.”

Those who wish to learn more about Massey, Stotser & Nichols, PC and the various legal services the firm provides can find more information on its website.

About Massey, Stotser & Nichols, PC:

Founded in 1977, Massey, Stotser & Nichols provides legal services for individuals, families, and businesses in the Birmingham area. The firm’s team of Alabama trial and transactional attorneys has a comprehensive range of experience and knowledge. Covering many issues in the legal arena, the firm offers representation in areas including business law, real estate law, mediation, insurance, construction, government, family law, estate planning, and probate.

MSN Senior Partner Anne Lamkin Durward Is Appointed as Domestic Relations Circuit Judge in Alabama published first on https://www.msnattorneys.com

COVID-19 and Business Interruption Coverage

The restrictions put in place to halt the spread of COVID-19 including social distancing, stay-at-home orders, and quarantines are critically impacting businesses.  MSN is currently reviewing insurance policies for businesses who may have suffered financial losses due to business interruption caused by the coronavirus (COVID-19) and those that have been ordered to suspend operations by their local or state government.  Business interruption coverage is often included as part of a company’s business insurance package issued to businesses such as Business Owners Policies (known as ‘BOP’ policies). These Business Owners’ Policies typically also provide general liability coverage, commercial property damage coverage and business interruption coverage.  Additionally, most policies also provide coverage for losses due to governmental action or governmental shutdown. This coverage could extend to business closures, cancellations or inability to conduct normal business due to actions taken by governmental authorities. Every potential case depends on the language of the individual policy and all businesses suffering losses should be aware that coverage may be possible and we are available to assist you in reviewing your policy for coverage.

Additionally, the State of Alabama Department of Insurance issued an Order on March 30, 2020 recommending insurers to work with policyholders on cancellations as a result of the COVID-19 pandemic.

This Order states in part:

• In light of current circumstances, the Alabama Commissioner of Insurance hereby recommends insurers consider the following actions for applicable policies in force as of March 13, 2020;
• Relaxing due dates for premium payments,
• Extending grace periods,
• Waiving late fees and penalties,
• Allowing premium payment plans which will avoid a lapse in coverage,
• Expanding automobile coverage to allow personal vehicles to be covered while delivering food, medicine or other essential services for commercial purposes

If you are suffering business losses due to governmental closures, supply chain disruptions or illnesses related to the coronavirus, we are here to help by reviewing your insurance policy and in evaluating any potential claim.  Please contact us anytime.

COVID-19 and Business Interruption Coverage published first on https://www.msnattorneys.com

Real Estate Closings During Covid-19

Massey, Stotser, & Nichols P.C. understands the current requirement and desire to remain in compliance with all current directives regarding the need for social distancing. In accordance with this, MSN is able to provide the option of a drive-up closing or video conferencing in our real estate closings. We look forward to working with all of our partners to provide the highest level of service to the community. Please contact us if you have any questions as to how we can assist you now and in the future.

For all amounts owed over $5,000.00 at closing, our office requires a wire transfer of funds. Please contact us for our wiring instructions if you are required to bring more than $5,000.00 for closing.

VERIFY WIRING INSTRUCTIONS BY CALLING (205) 838-9000

These Wire Instructions will not change. We are not responsible for misdirected funds.

IF YOU RECEIVE NEW WIRING INSTRUCTIONS ON THIS CLOSING, PLEASE NOTIFY ME IMMEDIATELY BY PHONE TO CONFIRM. OUR LAW FIRM DOES NOT ALTER ITS WIRING INSTRUCTIONS AND OUR WIRING INSTRUCTIONS ARE ONLY SENT THROUGH OUR SECURE EMAIL SYSTEM.

We appreciate your continued trust in our firm and we are grateful for your partnership through this growing global challenge.

Be safe, stay well, and know that we are here for you.

Sincerely,

Chesley P. Payne, Attorney

Direct:  205-838-9008

Facsimile:  205-838-9028

Main:  205-838-9000

Email: cpayne@msnattorneys.com

Real Estate Closings During Covid-19 published first on https://www.msnattorneys.com