Bryan S. Brinyark
Brinyark & Frederick, P.C.
About Bryan S. BrinyarkBryan S. Brinyark was born and raised in Tuscaloosa, Alabama. He graduated from the University of Alabama in 1990 and received his Juris Doctor from the University of Alabama School of Law in 1993 where he was a member of Phi Delta Phi and the Farrah Law Society. He was admitted to the bar in 1993 and is licensed to practice in all Alabama State Courts as well as the U.S. District Courts in the Northern and Middle Districts of Alabama. Mr. Brinyark is a member of the Alabama and Tuscaloosa Bar Associations as well as the Alabama Municipal Judges Association. He served as President, Vice President and Secretary/Treasurer of the Tuscaloosa Bar Association from 2003-2005. He currently serves as a member of the Tuscaloosa County Bar Association Grievance Committee, the Alabama Black Belt Action Commission, and the Alabama Judicial Study Commission. He serves as a reserve Municipal Court Judge for the City of Tuscaloosa (2000 to present) and is the Municipal Court Judge for the City of Brent (2003 to present) and the Municipal Court Judge for the City of Centreville (2005 to present). In 2009, Mr. Brinyark became a Shareholder of the firm of Rosen Harwood, P.A. where he headed the Domestic Relations practice area until he launched Brinyark & Frederick, P.C. in 2014 specializing in representing divorce clients and mediating divorce cases in West Alabama.
- Estate Planning
- Business Law
Jurisdictions Admitted to Practice
|Shareholder, Brinyark & Frederick, P.C.|
|Judge, City of Centreville|
|Judge, City of Brent|
|Substitute City Judge, City of Tuscaloosa|
|Shareholder, Rosen Harwood, P.A.|
|Partner, Brinyark, Lee, Hickman and Hocutt, P.C.|
|Partner, Brinyark & Nelson, P.C.|
|Partner, Malone, Brinyark, and Nelson, P.C.|
|Attorney, Malone and Newell, P.C.|
|Attorney, Burns & Ellis|
|The University of Alabama School of Law - The University of Alabama||J.D.||Law|
|University of Alabama - Tuscaloosa||B.A.|
|Bar President, Tuscaloosa County Bar Association|
|Domestic Relations Committee, Tuscaloosa County Bar Association|
|Member, Alabama Municpal Judges Association|
|Member Family Law Section, Alabama Bar Association|
- Overall: 11 Answers
- This Year: 11 Answers
Q. If I create a separate bank account for my SS with only my name on the account will my spouse get after divorce
A: It depends. If the money you put in the account was martial property, the court could divide or award it to your spouse. Marital property is any property that was regularly used for the common benefit of the marriage. Contact a local attorney to assist you in your divorce.
Q. My husband filed divorce papers and has been keeping our child away from me what can I do?
A: If you have been served with the papers, check to see if the Judge has acutally issued an ex parte custody order. if so, contact your attorney and file an answer and counterclaim seeking custody. The judge will set a hearing within a couple of weeks to determine which of you should have temporary custody. If no order has been granted, you still have equal rights. Contact a local attorney to advise you on how to proceed.
Q. If I am not able to pay for the divorce can my spouse be required to pay the fee
A: It depends. Attorney's fees are awarded in the nature of alimony. So if you meet the criteria for alimony, yes the court could. It varies greatly between judges but it is possible. Contact an attorney in your county for a better idea of what to expect.
Q. What are the grounds for divorce if your husband had a child out of adultery?
A: Alabama has several fault grounds but is also a "no fault" state. You could file for divorce on the grounds of Adultry. However, in my experience, even when proven, the courts usually grant the divorce on the no fault ground of incompatability. It depends on your judge. Contact a local attorney for help with this. Good luck.
Q. If divorces are public records how do you find them?
A: They are pulic record and can be found in your county courthouse. Go to the Domestic Relations desk of your Circuit Court Clerk's office and ask to see the file. Most clerks will be glad to assist you.
Q. Divorce2008.ex awarded home.She is not paying the payment on time;destroyed my credit.she won't refi.what are my option?
A: If she was Ordered to pay and has not, you can file for contempt. If the court finds that she had the ability but chose not to follow the Order, she could be found in contempt and ordered to pay a fine, attorney fees, and/ or be put in jail. Contact a local attorney for help.
Q. Can I ask for a extention of the Alimony payments since it will take longer to graduate College and be able to findjob?
A: In Alabama, alimony IS modifiable upon a showing of a "material change in circumstances". The fact that your education took longer could possibly be a material change if it was not your fault for taking longer. It sometimes can depend greatly on the Judge you have in your county. It would be wise to contact a local attorney to assist you in filing for a modification. Good luck!
Q. Do I loose the right to receive alimony if I go to work do to abandonment from my husband.
A: It depends...In Alabama,alimony is based on several factors such as length of marriage, fault leading to the breakdown of the marriage, education, employment history, income, health, need and ability to pay. So, if you have been married for 10 years or so, and you have been dependant on your husbands income for your support and maintainance during the marriage, you have a claim for alimony. Your income will be a factor in setting the amount. It would be best for you to contact an attorney in your county to further assist you in your divorce.