AlabamaLegalHelp.org | A guide to free and low-cost legal aid, assistance & services in Alabama (2024)

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  • Information
  • Ask Al About...Evictions

Information

If you get eviction papers from the Sheriff, you only have a short time to act. If you do not answer an eviction action quickly, you will end up being put out on the street. This article tells you what you can do to get your day in court - and how to put on your best case.

What can I do if the Sheriff gives me eviction papers or leaves them for me?

  • If you get an eviction notice - also called an Unlawful Detainer - you must act quickly and not ignore it.
  • If you get Unlawful Detainer eviction papers, you file an answer at the Courthouse.
  • Look carefully at your papers. Sometimes, the Court automatically sets a trial date for an Unlawful Detainer right on the papers that the Sheriff gives you.

How do I know the Sheriff brought me an eviction action?

  • Look at the top of the page.
    • For an Unlawful Detainer eviction, the top line in the middle says "STATEMENT OF CLAIM - COMPLAINT." The words "Unlawful Detainer" are in the second line.
    • It may also talk about Alabama Code Section 6-6-310.
  • If the Sheriff leaves the papers at your door, then you should also get a copy in the mail.

How much time do I have?

  • Alabama Court Rules give you seven (7) days (one week) to answer an eviction.
  • If the seventh day falls on a weekend or holiday, you can answer on the next business day.
  • If you have a question about the date you were served, check with the Court clerk's office to make sure not to miss your deadline.
  • If you get eviction (Unlawful Detainer) papers, read them carefully.
  • In an eviction (Unlawful Detainer), the papers are supposed to give you a Court date. If they do, you must go to Court on the date and at the time the notice says.
  • If the papers do not give you a Court date, the papers should give you seven (7) days to answer. Answer within the time the papers say.

What happens in Court?

  • Your landlord gets a chance to say why you should be evicted, and then you get a chance to say why you should not.
  • Most evictions are for nonpayment of rent. In these cases, the Judge usually considers only two issues.
    • The first is whether the tenant paid the rent, or fixed the problem within 7 days.
    • The second is whether the landlord sent a proper termination notice.
    • The landlord's notice must state the reason why the landlord is demanding possession of the rental property.
    • Your lease says how much notice your landlord must give you. Your landlord must then wait at least this long before bringing the eviction action.
    • If the lease does not state a time, the minimum time is seven (7) days.
  • If your landlord says that you broke another provision of your lease, you get a chance to show that you did not break the lease provision. You can also challenge the notice.

Can I appeal?

  • You can go to the District Court Clerk's Office to appeal to Circuit Court.
  • In an Unlawful Detainer eviction, you have exactly one week to appeal. Unless the seventh day is a holiday, you must file by that day.
  • You have to pay rent into Circuit Court in order to remain in your home.

Ask Al About...Evictions:vimeo.com

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AlabamaLegalHelp.org | A guide to free and low-cost legal aid, assistance & services in Alabama (2024)

FAQs

How to get a divorce in Alabama for free? ›

You may qualify for free legal help
  1. Call Legal Services Alabama.
  2. English 1-866-456-4995.
  3. Español 1-888-835-3505.
  4. Apply Online for Legal Help.
  5. Find your local office.

Does Alabama have Legal Aid? ›

Legal Services Alabama (“LSA”) is an independent, nonprofit organization that provides qualifying low-income families across all 67 counties of Alabama with free civil legal aid in a wide variety of areas.

Who funds Iowa Legal Aid? ›

Iowa Legal Aid receives funding from the national Legal Services Corporation and other sources. The Legal Services Corporation and some other funding sources have income guidelines.

Is Legal Aid free in Iowa? ›

Iowa Legal Aid provides free civil legal assistance and does not charge our clients for legal services. Click below to find out how to apply for legal help.

How long do you have to be separated before divorce is automatic in Alabama? ›

Code 30-2-40. State law does not mandate couples undergo a period of separation before they get divorced.

What does the wife get in a divorce in Alabama? ›

In an Alabama divorce, a wife may keep the personal property she owned before the marriage. A wife can also seek an equitable portion of marital property shared by the couple, including physical property (such as the family home) or other assets (such as bank accounts).

What forms are needed to file for divorce in Alabama? ›

The basic forms are the divorce complaint, marital settlement agreement, testimony of plaintiff (affidavit), affidavit of residency, child support information sheet (CS-47), and the vital statistics form. You must file the uncontested divorce documents with the clerk of the court and pay a filing fee.

Is legal aid free in USA? ›

Civil legal aid is provided free of charge by nonprofit legal aid organizations, “pro bono” volunteers (attorneys, law students and paralegals), law schools, court-based services such as self-help centers, and online technologies such as document assembly and legal information websites.

What does the Alabama State Bar do? ›

The Alabama State Bar (ASB) is the licensing and regulatory organization for lawyers in Alabama. ASB programs and activities have continuously served the public and improved the justice system.

Who is the largest Legal Aid provider? ›

LSC is the largest funder of legal aid in the United States at roughly $500 million a year. You can find more information on California LSC funding here.

What is legal AI? ›

One way that AI is being used in the legal industry is by assisting with document processing and classification for a wide range of matters, including due diligence, document and contract review, compliance, contract management, knowledge management and deal analysis.

What is the Iowa Fund of Funds? ›

The Iowa Fund of Funds brings venture equity capital and venture expertise to Iowa entrepreneurs by investing in carefully selected venture capital funds.

How to get a free lawyer in Iowa? ›

Apply by Phone
  1. 1-800-532-1275 Monday-Friday from 9 to 11 am or from 1:30 to 3:30 pm, except Thursday afternoon. ...
  2. Iowans 60 and over may apply for help by calling the Legal Hotline for Older Iowans at 1-800-992-8161 Monday-Friday from 9 am to 4 pm.
  3. Interpretation is available.

Does Iowa Legal Aid help with criminal cases? ›

Iowa Legal Aid provides legal help to low-income Iowans facing legal problems involving civil (non-criminal) legal issues.

Does Iowa Legal Aid help with divorces? ›

If you think you may need an attorney, are a victim of domestic abuse and are low-income, Iowa Legal Aid may be able to help in a divorce case.

How many years do you have to be married to get alimony in Alabama? ›

Generally speaking, the spouses must have been married for at least 20 years, and the recipient spouse must demonstrate a significant financial need for the judge to award permanent alimony. A permanent alimony award can be revoked if the recipient spouse remarries or cohabitates with a romantic partner.

Who has to leave the house in a divorce in Alabama? ›

You Can't Be Forced to Leave Your Home

Whether it is Alabama or any other state in the US, a spouse can't force another to move out of a family home or marital home without court orders. You need an occupation order to remove a spouse from a marital house. The orders are common in cases of domestic violence.

What is the 10 year marriage law in Alabama? ›

If the marriage has lasted ten years, the court may consider the portion of retirement earned during the marriage, and interest thereon, as part of that spouse's estate, but not any portion of retirement or interest earned pre-marriage.

What is considered abandonment in a marriage in Alabama? ›

Abandonment means that one spouse has left the other spouse without consent. To satisfy Alabama's abandonment requirements, individuals must demonstrate that a spouse was absent from both the marital home and relationship for at least one year prior to the initiation of the divorce.

How long do you have to be married in Alabama to get half of everything? ›

Equitable distribution in Alabama

Community property states split all marital assets equally in half without regard to how long the marriage lasted or who contributed what to the marriage.

What is the time frame for divorce in Alabama? ›

Many divorces take months to resolve, though some can be finalized quickly. Alabama's divorce waiting period is only 30 days, which means you can obtain a final divorce decree after about four weeks if the underlying issues can be resolved in that time.

Does it matter who files for divorce first in Alabama? ›

As the plaintiff, the party who files first has the advantage of not only having the first word, but the last. When you file for divorce first, you are able to make your case, your spouse has a chance to respond, and then you have another chance to make your case before the judge makes the final call.

What is the cheapest way to get a divorce in Alabama? ›

One of those options is an uncontested divorce. In Alabama, an uncontested divorce is the easiest, least expensive and least stressful of your divorce options.

How much does it cost to file for divorce in the state of Alabama? ›

In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.

How can I get a free lawyer in USA? ›

Find free and low-cost legal help
  1. Legal Services Corporation (LSC) - Find legal aid in your community for people with low incomes.
  2. LawHelp.org - Find free legal aid near you and get answers to your legal questions. ...
  3. Law Help Interactive - This program helps you fill out legal forms for free, such as those dealing with:
Apr 10, 2023

How much does it cost to qualify as a lawyer in the US? ›

The average total cost of tuition alone for law school is $137,970, or $45,990 per year. Living expenses on average total out at $68,210, or $22,740 per year.

Who handles minor disputes between parties that usually represent themselves without lawyers? ›

Small claims court is designed to help parties who do not have attorneys resolve their disputes quickly and inexpensively. In small claims court, claims must be less than $10,000. Small claims judges can only award money judgments.

What is the MCLE rule 9 in Alabama? ›

The Alabama State Bar MCLE Rule 9 requires all newly admitted members of the bar to complete a three-hour course in professionalism within twelve months of admission.

What is the hardest State Bar? ›

Yes, the California bar exam is widely considered to be the most difficult of all state bar exams in the US. The California bar exam has a pass rate of 34%.

How many times can you take the Alabama bar? ›

The good news is that most states do not have limits on how many times you can take the bar exam. States that do not have any limitations are: Alabama.

Who is the top lawyer in America? ›

  • Brian Panish. Panish Shea & Boyle. Southern California. ...
  • Carolyn B. Lamm. White & Case LLP. ...
  • Gary P. Naftalis. Kramer Levin Naftalis & Frankel. ...
  • Irvin V. Cantor. Cantor Stoneburner Ford Grana Buckner. ...
  • James W. Quinn. Berg & Androphy. ...
  • Joseph W. Cotchett. Cotchett, Pitre & McCarthy. ...
  • Mark Lanier. The Lanier Law Firm. ...
  • Mark P. Robinson, Jr.

Who is the highest lawyer in the US government? ›

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested.

What is the most successful law firm in the United States? ›

Largest Law Firms Research Summary

The largest law firm in the U.S. is Kirkland Ellis, with a revenue of $6.04 billion and 2,307 employees. As of 2022, U.S. law firms have a market size of $367.9 billion.

What is LexisNexis used for? ›

LexisNexis helps uncover the information that commercial organizations, government agencies and nonprofits need to get a complete picture of individuals, businesses and assets with industry-leading data and analytic solutions.

What is Clearbrief? ›

Jacqueline Schafer is the founder and CEO of Clearbrief, a Word Add-In that leverages AI to help litigators find the best evidence for any sentence in their draft, and instantly complete tedious litigation tasks like the Table of Authorities.

What is virtual legal? ›

A virtual law firm is a legal practice that does not have a brick-and-mortar office, but operates from the homes or satellite offices of its lawyers, usually delivering services to clients at a distance utilizing modern technology for communication.

What is in the G fund? ›

The G Fund is invested in short-term U.S. Treasury securities specially issued to the TSP. Payment of principal and interest is guaranteed by the U.S. government. Thus, there is no “credit risk.”

What is funds of funds advantage? ›

The biggest advantage of FoFs is that it gives access to different mutual funds having varied investment objectives through a single investment. For example, the ICICI Prudential Asset Allocator fund invests in around 20 different equity and debt schemes of the ICICI Prudential mutual fund.

What is a US income fund? ›

US$ Income Funds. It's a short to medium-term investment offering the potential to earn income while allowing access to your funds — without penalties. The Fund invests in a diversified range of quality short-term US$ denominated fixed-income securities.

What is a Replevin action in Iowa? ›

Replevin is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court “shall also award damages” for cost incurred due to the wrongful possession of the property. Iowa Code § 643.17.

How much are attorney fees in Iowa? ›

The typical lawyer in Iowa charges between $86 and $364 per hour.

How do I contact Iowa Legal Aid? ›

To find out if you may be able to get free legal assistance, please call Iowa Legal Aid at 1-800-532-1275. Hours for telephone intake are Monday-Friday from 9 to 11 am or from 1:30 to 3:30 pm, except Thursday afternoon. Offices are open 8:30 to 4:30 (emergencies taken when open).

What is the mission statement of the Iowa Legal Aid? ›

“Iowa Legal Aid makes hope, dignity and justice available to low-income Iowans through legal assistance and education that protects fundamental rights, basic necessities and access to the judicial system; challenges policies and practices that harm low-income persons; and empowers clients to advocate for themselves and ...

Does Iowa have a criminal justice program? ›

Iowa State University has one of the fastest-growing criminal justice majors in the country. It's easy to see why—criminal justice students at Iowa State University are prepared for any career in law enforcement, judiciary, government, or even business.

Who pays for college in a divorce in Iowa? ›

Whose Responsibility Is College? In Iowa, the court can order parents to pay some of their child's college expenses. The courts refer to this as a postsecondary education subsidy. Many people are surprised by this.

What is considered abandonment in a marriage in Iowa? ›

Iowa law recognizes two types of marital abandonment: actual abandonment and constructive abandonment. Actual abandonment is when a spouse voluntarily packs up their things, leaves the family home, and has no intention of ever returning.

Is there a waiting period for divorce in Iowa? ›

Waiting period.

Iowa law requires a ninety-day waiting period, from the date the respondent is served dissolution of marriage papers, before the court may enter a final decree. Under certain circ*mstances, the court may waive the waiting period. See Iowa Code section 598.19.

How much does a simple divorce cost in Alabama? ›

In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.

How to get a quick divorce in Alabama? ›

The fastest way to get a divorce is to go through an uncontested, no-fault divorce online. You need to complete a divorce complaint, marital settlement agreement, child support information sheet (CS-47), notarized testimony of plaintiff affidavit, and the vital statistics form.

How do I file for divorce myself in Alabama? ›

Steps for an Uncontested Alabama Divorce
  1. Meet the Residency Requirements. ...
  2. Prepare your Initial Divorce Papers. ...
  3. Settlement Agreement. ...
  4. File your Initial Divorce Papers at your County Court. ...
  5. Serve your Spouse Divorce Papers. ...
  6. Submit Proof of Service to the Court. ...
  7. Complete Additional Divorce Forms.

Do you have to live separately to get a divorce in Alabama? ›

If both you and your spouse both live in Alabama, you can file for divorce any time. If your spouse lives in Alabama but you do not, you can also file for divorce in Alabama any time.

How long does the average divorce take in Alabama? ›

An uncontested divorce usually takes about 6-10 weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not.

How much is a no contest divorce in Alabama? ›

An uncontested divorce will cost approximately a few thousand dollars. If your divorce is contested and there are many issues to resolve, you can expect a cost ranging from $14,000 to $20,000 or more. An uncontested divorce costs less than a contested divorce because there are fewer legal issues to resolve.

Can you date while legally separated in Alabama? ›

There are no laws in Alabama stopping you from dating while going through a divorce process. However, it's not usually in your best interests to do so. Also, your relationships with your children and other family members may be affected and suffer.

What forms are needed for uncontested divorce in Alabama? ›

The main Alabama forms for an uncontested divorce include:
  • the divorce complaint.
  • a summons.
  • your signed marital settlement agreement, and.
  • an notarized affidavit ("Plaintiff's Testimony") for declaring certain facts about your marriage.

How long do you have to be married to get alimony Alabama? ›

Generally speaking, the spouses must have been married for at least 20 years, and the recipient spouse must demonstrate a significant financial need for the judge to award permanent alimony. A permanent alimony award can be revoked if the recipient spouse remarries or cohabitates with a romantic partner.

Is Alabama a 50 50 state in a divorce? ›

In the state of Alabama, neither property nor debts are approached as a 50/50 split. Rather, Alabama identifies as an “equitable distribution state.” This means that left up to the courts, the division of assets (property) and liabilities (debts) should be fair and equitable.

What are the grounds for divorce in Alabama? ›

In Alabama, the standard grounds for a fault-based divorce include: Adultery, habitual drunkenness, drug addiction, emotional abuse, physical abuse, abandonment, imprisonment, inability to maintain employment and lack of physical intimacy.

What is a rule nisi in Alabama? ›

In Alabama, Contempt/Rule Nisi Petitions involve filing a claim against a former spouse and/or parent for failure to comply with a court order.

What is the statute of limitations on adultery in Alabama? ›

In Alabama, it is a Class B misdemeanor for adultery with a one-year limitation period.

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