Legal Question in Family Law in Alabama

Enforcement of Divorce Decree

I married in Birmingham,AL Oct 2000. I initially purchased a home in 4/2000, which was later refinanced jointly in 8/2001. We separated around 10/2002 and as a result, I moved back to Michigan, whereas he remained in the marital property in Alabama. I filed for divorce in Michigan on 5/1/2003 and it was final 12/11/2003, but the decree has not been enforced. I obtained additional counsel to pursue this; at that point a settlement agreement was reached, but that too, fell through. I've received conflicting communications regarding the enforcement of the decree; I was told in one instance that it couldn't be enforced because I filed for divorce in Michigan, and on the other hand, I'm being told that he can be held in contempt of court and ordered to vacate the property, if I present my judgment to an Alabama court. Can Alabama enforce the decree granted by Michigan seeing as they are both equitable distribution states?


Asked on 4/24/06, 12:49 am

1 Answer from Attorneys

Re: Enforcement of Divorce Decree

You ask whether a Michigan judgment can be enforced in Alabama. However, that question is best directed to an Alabama attorney. Although I lack knowledge of Alabama law and am not licensed to practice in Alabama, judgments from on state to another are normally enforced. However, as regards real estate, Michigan lacks "in rem" jurisdiction over Alabama real estate.

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Answered on 4/24/06, 9:05 am


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