Legal Services available from Joseph R Kemp PC

The law office of Joseph R. Kemp, P.C. is interested in serving their clients with a wide variety of legal services. We hope you find helpful the following synopsis of selected areas of Alabama law:
See our "Legal Help" page to search the Code of Alabama for specific code sections regarding these areas of Alabama law.

Motor Vehicle Accidents
The State of Alabama requires all drivers to abide by the Rules of the Road while operating a motor vehicle. The Rules of the Road consist of a number of statutes enacted into law. Should a driver fail to follow the Rules of the Road and cause an accident and injury, the injured party may be entitled to compensation.

Premise Liability (Commonly referred to as a "slip and fall.")
A business owner must keep his premises in a safe condition. Alabama law imposes a duty on business owners to keep their premises free from dangers and hazards, which might cause harm to their customers.

Dram Shop
When an individual who is intoxicated injures a person, the injured person may have a cause of action against the person or business who sold or dispensed the alcoholic beverage to the intoxicated individual.

Product Liability
Any company that manufactures and/or distributes a product (power tool, appliance, vehicle, etc.), that causes injury to an individual, may be liable to that individual under the Alabama Extended Manufacturer's Liability Doctrine. The injured person may be entitled to compensation.

DUI Defense
If you have been charged with DUI, you may need legal representation in order to protect your constitutional rights. To review possible fines and punishment, see our Legal Help page to search the Alabama Code for information regarding DUI penalties. Just type in “DUI”.

Adoptions
Adoptions in Alabama are purely statutory. If the statutes are not followed, the adoption will not be allowed. Subject to few exceptions, no adoptions will be allowed without the consent of the parents.

False Arrest/ False Imprisonment
A false arrest or imprisonment involves taking away a person’s freedom where such person cannot exercise his will or go anywhere he might lawfully go. The plaintiff must show that there was no reason for the arrest, (i.e. that he was not shoplifting). Some Alabama statutes protect merchants who detain a customer for shoplifting if the merchant has probable cause for detaining said person.

Malicious Prosecution
Malicious prosecution involves a judicial proceeding initiated maliciously and without probable cause to believe it can succeed and which ends in failure. If a person files a civil or criminal action without probable cause or to harass and oppress another that person may be forced to pay compensation to his victim.

Nursing Home/ Medical Malpractice
In the State of Alabama, health care providers are governed by the Alabama Medical Liability Act.

Workers' Compensation
An employee may be entitled to compensation if the employee is injured in an accident on the job. If an employee is injured at work, the employee may be governed by the Workers' Compensation Act of 1992. See our Legal Help page to search the Alabama Code for information on Workers' Compensation. Just type in "Workers' Compensation."

Criminal Defense
If you have been charged with a felony or misdemeanor, you may need legal representation in order to protect your constitutional rights.

Contractual Disputes
Contracts may be either oral or written. A contract is an agreement that creates an obligation. Contractual disputes often arise because circumstances change, because one of the parties no longer desires to be bound by the terms of the contract, or because the parties had a misunderstanding over the terms of the contract. One party may suffer damages because of the nonperformance of the other, and legal assistance may be needed.

Collections
This is a form of contract dispute. Consumer debts are subject to the Fair Debt Collection Practices Act.

Mechanics & Materialmen Liens
Mechanics or Materialmen liens are created by statute in favor of one who has performed work or furnished materials for the improvement of a building. When a person or company provides a service or materials on a construction contract, that person or company may have lien rights which can attach to the owner's property even if the materials or services were provided to a subcontractor and not the owner of the property. There are time constraints and specific steps one must take in order to protect the right to file a lien.

Landlord - Tenant
A landlord - tenant relationship is created by contract, express or implied. In the absence of an agreement to repair the leased premises, a landlord may be liable to his tenant only for injuries resulting from latent (hidden or concealed) defects on the premises, known to the landlord at the time of leasing and which the landlord did not reveal to the tenant. However, areas under Landlord’s control and repairs done by Landlord must be done in a reasonably safe manner.

Negligence
Negligence is the failure to do what a reasonable, prudent person would have done under the same or similar circumstances, or, the doing of something that a reasonable, prudent person would not have done under the same or similar circumstances. If a person's negligence caused a victim's damages or injuries, then a verdict may be given for the injured party.

Negligent Entrustment
If a defendant entrusts an item (a loaded gun, vehicle, etc.) to another person, whom the defendant knew or by the exercise of reasonable care should have known was incompetent to use said item, and a plaintiff was injured as a result of the incompetent use of this item, then the defendant may be responsible for damages incurred by the plaintiff.

Wills, and Estate Planning
A will is a legal declaration of a person’s intentions to be performed after their death. A will must be made with certain formalities to be valid in the state of Alabama. Without a will state laws and courts determine who receives a person’s property and who becomes guardians of minor children.

Class Action
Where a large group of persons are interested in a matter, a class action provides a means by which one or more persons may sue or be sued as representatives of the class without needing to join every member of a class. In class actions, the persons constituting the class must be so numerous that it is impractical to bring them all before the court and the named representatives must be such that they will fairly insure the adequate representation of all class members.

Arbitration
Arbitration agreements, which are often found in preprinted consumer contracts, require that the parties to the contract resolve disputes that arise in binding arbitration, rather than in court before a judge and/or jury. Binding arbitration involves the submission of a dispute to a neutral party who renders a decision following a hearing. If a person signs a contract containing a mandatory, binding arbitration agreement, he or she gives up the right to go to court to have his or her claim resolved.

Family Law:

Divorce/Child Custody/Child Support
This information is provided to answer some of your questions about divorce, child custody, and child support in Alabama. We always encourage attempts at reconciliation, and will recommend marriage counselors at your request.

1. Divorce v. Legal Separation
In some instances a couple with marriage problems may wish relief short of divorce. They may object to divorce because of religious convictions or in order to retain health insurance or military benefits. In a divorce from bed and board, commonly called a "legal separation", the parties remain married after the legal proceedings. As in a divorce, a legal separation considers custody of the children, child support, alimony and property use or division. During the legal separation, either party can sue for a divorce on one or more grounds cited below.

2. Residency
There is a residency requirement which must be satisfied in order for an Alabama court to have jurisdiction to grant a divorce. This requirement is satisfied if both parties or the defendant permanently resides in Alabama. If the defendant does not reside in Alabama, the plaintiff must have been domiciled in Alabama for six months immediately preceding the filing of the divorce complaint. There are limited exceptions which may apply if you do not qualify under these rules.

3. Grounds
Alabama has many grounds for divorce. Some of these grounds are: voluntary abandonment for one year, physical cruelty, adultery, addiction to alcohol or drugs, incompatibility of temperament, and irretrievable breakdown of the marriage.
These last two grounds are the basis for what is commonly called "no-fault" divorce. This simply means that the parties want a divorce because they are unable to get along to such an extent that the marriage has suffered irreparable damage. No proof of fault is necessary, although it may be considered by the judge at trial. Most divorces can be obtained on "no-fault" grounds.

4. Divorce Proceedings
Divorce proceedings may consist of several events and phases: fact-gathering, attempts to achieve an uncontested divorce, filing the complaint, information gathering from your spouse, records and witnesses, settlement negotiations, and the trial.

5. Uncontested Divorce
An uncontested divorce can often be obtained quickly and at less expense than a contested divorce. It can only occur when both parties agree to all of the terms of the divorce. It is often therapeutic, and much less stressful, for parties to work out a divorce agreement.
Disputes over child custody, child support, visitation rights, alimony, or property division will prohibit an uncontested divorce. Since we can ethically represent only one party, we will tell your spouse of this fact and that it may be in his or her best interest to hire a lawyer.

6. Starting the Proceeding
A divorce case begins with the filing of a complaint in the Circuit Court. Costs vary among the counties, but generally the filing fee is approximately $150.00. The party filing the complaint is the plaintiff and the opposing party, the defendant. The complaint is normally filed in the county where the defendant resides or where the parties resided at the time they separated.

7. Service of the Complaint
The law of Alabama requires that the defendant must be made aware of the suit for divorce. This procedure is known as service of process. When a divorce complaint is filed, a request is made for the sheriff to deliver a copy of the complaint to the defendant or for the court clerk to mail a copy by registered mail to the defendant's last known address. To avoid the embarrassment often associated with being served by the sheriff, the defendant may sign a waiver acknowledging receipt of a copy of the complaint. If your spouse has a lawyer, your spouse may authorize the lawyer to accept service. In some cases service may be achieved by publishing notice in a newspaper.

8. Separation
The law does not require the parties to be physically separated and living apart on filing the divorce complaint. However, some judges may require it.

9. Child Custody
In determining which parent is to have custody, Alabama courts look to the "best interests of the child" and seek to determine which parent is most fit. Regardless of which parent is granted physical custody, the other parent will be granted reasonable visitation rights, except in extreme circumstances. Joint custody may be an alternative.

10. Child Support
The Supreme Court of Alabama has adopted guidelines for use in determining the amount of child support to be paid by the non-custodial parent. The amount of child support depends on the income of the parties and the needs of the children. The law only requires support of a child until the child's 19th birthday or until the child becomes self-supporting, whichever occurs first. If special needs are present, such as for a retarded child, child support can be extended past age 19.

11. Visitation
The judge will generally approve the visitation periods agreed to by the parties. Visitation rights may be general ("at reasonable times") or specific ("every 1st and 3rd weekends from Friday at 6 p.m. until Sunday at 6 p.m., one month during the summer vacation, one week each Christmas to include Christmas Day on alternate years, alternate spring vacation, Thanksgiving, and Easter, Mother's Day and Father's Day, and on the spouse's birthday"). Special visitation rights may be awarded if the parents do not live close to one another.

12. Alimony
Alimony is the money paid by one spouse to the other in recognition of the duty to support and maintain the other spouse. It is available in Alabama. The amount and duration of alimony awarded is different in every case. Some of the factors considered by the judge in awarding alimony are: length of the marriage, ages of the parties, assets and liabilities, income, earning capabilities, the degree of fault of the parties in causing the divorce, stations in life, and health.

13. Property Division
There is no formula for determining how the property (land, money, automobiles, household goods, etc.) will be divided. Alabama judges are required to make an "equitable division" of the marital property. An equitable division means a "fair" division, not an "equal" one.
Marital property is generally that property acquired during the marriage. Property brought into the marriage and property which is inherited is not considered marital property unless it has been used regularly in the marriage.
If the parties can reach a reasonable agreement, the judge will generally approve it. Otherwise, the judge will make a decision considering such factors as the length of the marriage, relative earning capacities, assets and liabilities, custody of the children, and the fault of the parties in causing the divorce.

14. Temporary Relief
Under certain conditions the judge may give temporary relief before the divorce is finalized. In certain circumstances, the judge may prohibit any party from harming or harassing his or her spouse, and from selling property belonging to the parties. The judge may also grant temporary relief by awarding custody of the children, requiring the payment of child support and alimony, setting visitation rights, and requiring payment of attorney fees, all pending trial.

15. Changing the Wife's Name
The wife may legally change her name through the divorce proceedings to resume the use of her maiden name or name by a previous marriage. The children will retain the name of their father.

16. Reconciliation
We have an ethical obligation to explore the possibility of reconciliation between you and your spouse. Before or after the divorce is filed, you may change your minds and try to work out your marital problems. Our policy is to encourage such efforts. The divorce proceedings can be dropped at any time of your choosing. We will recommend marriage counselors at your request.

17. Settlement v. Trial
Usually the final proceeding in a divorce action is the trial. Although it will vary among the counties, you can expect a trial approximately sixth months after the complaint is filed. Divorce actions are tried before a judge and not a jury. We are obligated to explore the possibility of a settlement throughout the divorce proceedings. If we think it is to your advantage, we will so advise you. However, the choice is always yours. You must not be afraid to try your case. A settlement made merely to avoid a trial is not wise.

18. When the Divorce is Final
A divorce is final on the day the judge signs the decree or judgment. By law, the judge cannot sign the decree until 30 days have elapsed from the filing of the divorce complaint. In Alabama, the parties to a divorce cannot remarry, except to each other, for a period of sixty (60) days from the final decree. If the decree is appealed to the appellate courts within forty-two (42) days, the parties cannot remarry until the appeal has been resolved.

19. Our Professional Services
In a divorce action, there is no "winner". Rarely will either spouse emerge the victor. Our services for you will consist of trying to obtain the most favorable solution for you at a reasonable cost. In performing legal work for you we provide competent staff support, as well as modern equipment and research facilities. Your legal problems will be given our continuing personal attention in an effort to obtain the best results possible in the most reasonable time and at a reasonable cost.

		This summary is not intended to be and should not be considered as legal advice in a specific situation. You should contact an attorney or other appropriate professional for advice about your particular needs and how best to meet those needs.


	The law office of Joseph R. Kemp, P.C. is interested in serving their clients with a wide variety of legal services. We hope you find helpful the following synopsis of selected areas of Alabama law: See our "Legal Help" page to search the Code of Alabama for specific code sections regarding these areas of Alabama law. Motor Vehicle Accidents The State of Alabama requires all drivers to abide by the Rules of the Road while operating a motor vehicle. The Rules of the Road consist of a number of statutes enacted into law. Should a driver fail to follow the Rules of the Road and cause an accident and injury, the injured party may be entitled to compensation. Premise Liability (Commonly referred to as a "slip and fall.") A business owner must keep his premises in a safe condition. Alabama law imposes a duty on business owners to keep their premises free from dangers and hazards, which might cause harm to their customers. Dram Shop When an individual who is intoxicated injures a person, the injured person may have a cause of action against the person or business who sold or dispensed the alcoholic beverage to the intoxicated individual. Product Liability Any company that manufactures and/or distributes a product (power tool, appliance, vehicle, etc.), that causes injury to an individual, may be liable to that individual under the Alabama Extended Manufacturer's Liability Doctrine. The injured person may be entitled to compensation. DUI Defense If you have been charged with DUI, you may need legal representation in order to protect your constitutional rights. To review possible fines and punishment, see our Legal Help page to search the Alabama Code for information regarding DUI penalties. Just type in “DUI”. Adoptions Adoptions in Alabama are purely statutory. If the statutes are not followed, the adoption will not be allowed. Subject to few exceptions, no adoptions will be allowed without the consent of the parents. False Arrest/ False Imprisonment A false arrest or imprisonment involves taking away a person’s freedom where such person cannot exercise his will or go anywhere he might lawfully go. The plaintiff must show that there was no reason for the arrest, (i.e. that he was not shoplifting). Some Alabama statutes protect merchants who detain a customer for shoplifting if the merchant has probable cause for detaining said person. Malicious Prosecution Malicious prosecution involves a judicial proceeding initiated maliciously and without probable cause to believe it can succeed and which ends in failure. If a person files a civil or criminal action without probable cause or to harass and oppress another that person may be forced to pay compensation to his victim. Nursing Home/ Medical Malpractice In the State of Alabama, health care providers are governed by the Alabama Medical Liability Act. Workers' Compensation An employee may be entitled to compensation if the employee is injured in an accident on the job. If an employee is injured at work, the employee may be governed by the Workers' Compensation Act of 1992. See our Legal Help page to search the Alabama Code for information on Workers' Compensation. Just type in "Workers' Compensation." Criminal Defense If you have been charged with a felony or misdemeanor, you may need legal representation in order to protect your constitutional rights. Contractual Disputes Contracts may be either oral or written. A contract is an agreement that creates an obligation. Contractual disputes often arise because circumstances change, because one of the parties no longer desires to be bound by the terms of the contract, or because the parties had a misunderstanding over the terms of the contract. One party may suffer damages because of the nonperformance of the other, and legal assistance may be needed. Collections This is a form of contract dispute. Consumer debts are subject to the Fair Debt Collection Practices Act. Mechanics & Materialmen Liens Mechanics or Materialmen liens are created by statute in favor of one who has performed work or furnished materials for the improvement of a building. When a person or company provides a service or materials on a construction contract, that person or company may have lien rights which can attach to the owner's property even if the materials or services were provided to a subcontractor and not the owner of the property. There are time constraints and specific steps one must take in order to protect the right to file a lien. Landlord - Tenant A landlord - tenant relationship is created by contract, express or implied. In the absence of an agreement to repair the leased premises, a landlord may be liable to his tenant only for injuries resulting from latent (hidden or concealed) defects on the premises, known to the landlord at the time of leasing and which the landlord did not reveal to the tenant. However, areas under Landlord’s control and repairs done by Landlord must be done in a reasonably safe manner. Negligence Negligence is the failure to do what a reasonable, prudent person would have done under the same or similar circumstances, or, the doing of something that a reasonable, prudent person would not have done under the same or similar circumstances. If a person's negligence caused a victim's damages or injuries, then a verdict may be given for the injured party. Negligent Entrustment If a defendant entrusts an item (a loaded gun, vehicle, etc.) to another person, whom the defendant knew or by the exercise of reasonable care should have known was incompetent to use said item, and a plaintiff was injured as a result of the incompetent use of this item, then the defendant may be responsible for damages incurred by the plaintiff. Wills, and Estate Planning A will is a legal declaration of a person’s intentions to be performed after their death. A will must be made with certain formalities to be valid in the state of Alabama. Without a will state laws and courts determine who receives a person’s property and who becomes guardians of minor children. Class Action Where a large group of persons are interested in a matter, a class action provides a means by which one or more persons may sue or be sued as representatives of the class without needing to join every member of a class. In class actions, the persons constituting the class must be so numerous that it is impractical to bring them all before the court and the named representatives must be such that they will fairly insure the adequate representation of all class members. Arbitration Arbitration agreements, which are often found in preprinted consumer contracts, require that the parties to the contract resolve disputes that arise in binding arbitration, rather than in court before a judge and/or jury. Binding arbitration involves the submission of a dispute to a neutral party who renders a decision following a hearing. If a person signs a contract containing a mandatory, binding arbitration agreement, he or she gives up the right to go to court to have his or her claim resolved. Family Law: Divorce/Child Custody/Child Support This information is provided to answer some of your questions about divorce, child custody, and child support in Alabama. We always encourage attempts at reconciliation, and will recommend marriage counselors at your request. 1. Divorce v. Legal Separation In some instances a couple with marriage problems may wish relief short of divorce. They may object to divorce because of religious convictions or in order to retain health insurance or military benefits. In a divorce from bed and board, commonly called a "legal separation", the parties remain married after the legal proceedings. As in a divorce, a legal separation considers custody of the children, child support, alimony and property use or division. During the legal separation, either party can sue for a divorce on one or more grounds cited below. 2. Residency There is a residency requirement which must be satisfied in order for an Alabama court to have jurisdiction to grant a divorce. This requirement is satisfied if both parties or the defendant permanently resides in Alabama. If the defendant does not reside in Alabama, the plaintiff must have been domiciled in Alabama for six months immediately preceding the filing of the divorce complaint. There are limited exceptions which may apply if you do not qualify under these rules. 3. Grounds Alabama has many grounds for divorce. Some of these grounds are: voluntary abandonment for one year, physical cruelty, adultery, addiction to alcohol or drugs, incompatibility of temperament, and irretrievable breakdown of the marriage. These last two grounds are the basis for what is commonly called "no-fault" divorce. This simply means that the parties want a divorce because they are unable to get along to such an extent that the marriage has suffered irreparable damage. No proof of fault is necessary, although it may be considered by the judge at trial. Most divorces can be obtained on "no-fault" grounds. 4. Divorce Proceedings Divorce proceedings may consist of several events and phases: fact-gathering, attempts to achieve an uncontested divorce, filing the complaint, information gathering from your spouse, records and witnesses, settlement negotiations, and the trial. 5. Uncontested Divorce An uncontested divorce can often be obtained quickly and at less expense than a contested divorce. It can only occur when both parties agree to all of the terms of the divorce. It is often therapeutic, and much less stressful, for parties to work out a divorce agreement. Disputes over child custody, child support, visitation rights, alimony, or property division will prohibit an uncontested divorce. Since we can ethically represent only one party, we will tell your spouse of this fact and that it may be in his or her best interest to hire a lawyer. 6. Starting the Proceeding A divorce case begins with the filing of a complaint in the Circuit Court. Costs vary among the counties, but generally the filing fee is approximately $150.00. The party filing the complaint is the plaintiff and the opposing party, the defendant. The complaint is normally filed in the county where the defendant resides or where the parties resided at the time they separated. 7. Service of the Complaint The law of Alabama requires that the defendant must be made aware of the suit for divorce. This procedure is known as service of process. When a divorce complaint is filed, a request is made for the sheriff to deliver a copy of the complaint to the defendant or for the court clerk to mail a copy by registered mail to the defendant's last known address. To avoid the embarrassment often associated with being served by the sheriff, the defendant may sign a waiver acknowledging receipt of a copy of the complaint. If your spouse has a lawyer, your spouse may authorize the lawyer to accept service. In some cases service may be achieved by publishing notice in a newspaper. 8. Separation The law does not require the parties to be physically separated and living apart on filing the divorce complaint. However, some judges may require it. 9. Child Custody In determining which parent is to have custody, Alabama courts look to the "best interests of the child" and seek to determine which parent is most fit. Regardless of which parent is granted physical custody, the other parent will be granted reasonable visitation rights, except in extreme circumstances. Joint custody may be an alternative. 10. Child Support The Supreme Court of Alabama has adopted guidelines for use in determining the amount of child support to be paid by the non-custodial parent. The amount of child support depends on the income of the parties and the needs of the children. The law only requires support of a child until the child's 19th birthday or until the child becomes self-supporting, whichever occurs first. If special needs are present, such as for a retarded child, child support can be extended past age 19. 11. Visitation The judge will generally approve the visitation periods agreed to by the parties. Visitation rights may be general ("at reasonable times") or specific ("every 1st and 3rd weekends from Friday at 6 p.m. until Sunday at 6 p.m., one month during the summer vacation, one week each Christmas to include Christmas Day on alternate years, alternate spring vacation, Thanksgiving, and Easter, Mother's Day and Father's Day, and on the spouse's birthday"). Special visitation rights may be awarded if the parents do not live close to one another. 12. Alimony Alimony is the money paid by one spouse to the other in recognition of the duty to support and maintain the other spouse. It is available in Alabama. The amount and duration of alimony awarded is different in every case. Some of the factors considered by the judge in awarding alimony are: length of the marriage, ages of the parties, assets and liabilities, income, earning capabilities, the degree of fault of the parties in causing the divorce, stations in life, and health. 13. Property Division There is no formula for determining how the property (land, money, automobiles, household goods, etc.) will be divided. Alabama judges are required to make an "equitable division" of the marital property. An equitable division means a "fair" division, not an "equal" one. Marital property is generally that property acquired during the marriage. Property brought into the marriage and property which is inherited is not considered marital property unless it has been used regularly in the marriage. If the parties can reach a reasonable agreement, the judge will generally approve it. Otherwise, the judge will make a decision considering such factors as the length of the marriage, relative earning capacities, assets and liabilities, custody of the children, and the fault of the parties in causing the divorce. 14. Temporary Relief Under certain conditions the judge may give temporary relief before the divorce is finalized. In certain circumstances, the judge may prohibit any party from harming or harassing his or her spouse, and from selling property belonging to the parties. The judge may also grant temporary relief by awarding custody of the children, requiring the payment of child support and alimony, setting visitation rights, and requiring payment of attorney fees, all pending trial. 15. Changing the Wife's Name The wife may legally change her name through the divorce proceedings to resume the use of her maiden name or name by a previous marriage. The children will retain the name of their father. 16. Reconciliation We have an ethical obligation to explore the possibility of reconciliation between you and your spouse. Before or after the divorce is filed, you may change your minds and try to work out your marital problems. Our policy is to encourage such efforts. The divorce proceedings can be dropped at any time of your choosing. We will recommend marriage counselors at your request. 17. Settlement v. Trial Usually the final proceeding in a divorce action is the trial. Although it will vary among the counties, you can expect a trial approximately sixth months after the complaint is filed. Divorce actions are tried before a judge and not a jury. We are obligated to explore the possibility of a settlement throughout the divorce proceedings. If we think it is to your advantage, we will so advise you. However, the choice is always yours. You must not be afraid to try your case. A settlement made merely to avoid a trial is not wise. 18. When the Divorce is Final A divorce is final on the day the judge signs the decree or judgment. By law, the judge cannot sign the decree until 30 days have elapsed from the filing of the divorce complaint. In Alabama, the parties to a divorce cannot remarry, except to each other, for a period of sixty (60) days from the final decree. If the decree is appealed to the appellate courts within forty-two (42) days, the parties cannot remarry until the appeal has been resolved. 19. Our Professional Services In a divorce action, there is no "winner". Rarely will either spouse emerge the victor. Our services for you will consist of trying to obtain the most favorable solution for you at a reasonable cost. In performing legal work for you we provide competent staff support, as well as modern equipment and research facilities. Your legal problems will be given our continuing personal attention in an effort to obtain the best results possible in the most reasonable time and at a reasonable cost.