Shane Michael Oncale

I pride myself in giving personal attention to my clients. Our firm represents individuals in the middle of a divorce or other family law crisis. In most cases, our clients will be faced with difficult issues that have a very real personal impact beyond the simple legal analysis. Most will be facing such issues and the law for the first time in their lives. Fear, confusion and uncertainly are rampant. We try to provide a safe haven and a place for sound advice handed out with patience, personal attention and compassion. If we can help you through the many issues involved in a divorce or family crisis, please do not hessitate to call on us. The first consultation is always free and you will speak with an actuall attorney for that consultaion and not merely a member of our staff.

Cumberland School of Law, Samford University

J.D.

The Oncale Firm

Current

Alabama State Bar

Current

Alabama State Bar

Member

Current

Alabama

Tennessee

Since 1994

• Free Consultation
  including free consultations by phone
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Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Domestic Violence

Domestic Violence Restraining Orders, Victims Rights , Victims Rights

Q. What is the law when it comes to separation before divorce in AL? Can you move out immediately?

13 September 2021

A: I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There was not such thing as a no fault or irreconcilable difference/incompatibility divorce. You have to prove adultery, habitual drunkeness, mental or emotional abuse, abandonment or some other fault based wrong doing. That I guess is where the confusion about "abandonment" comes from...and just leaving the home was not enough even in those days unless support and the payment of bills also stopped. I generally advise my clients to stay in the marital home if they can do so and maintain the mental and physical safety. It is a strategic disadvantage to move out as the spouse that remains will likely be awarded temporary sole possession by the court, can change the locks to exclude you, may block you temporarily from removing some things you consider yours from the house, may seek and have the court still have you contribute to household expenses like the mortgage and utilities even though you are not using them all while you are forced to incur your own costs for rent and to purchase replacement items to set up your household. Sometimes though sanity takes priority over strategy and you just have to get out. If so I suggest taking your personal possessions and anything that was yours before the marriage if you have place for it but if not certainly your clothes and personal items. Don't count on being able to get back in after you leave. I would also suggest moving in with relatives if at all possible to minimize additional expenses. Note I said RELATIVES not a friend who you may be accused of having an affair with...that complicates things. Of course if your marriage is over filing for divorce sooner rather than later is the best course. The longer you wait the more "cowboy justice" will take place and the more complicated issues will become.

Q. I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian

15 July 2021

A: It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good fight. If your divorce was not in GA you are likely stuck with filing in Alabama.

Q. Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

5 May 2021

A: If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not preclude the entire conception being a crime committed by the offending parent's child. Second, a grandparent (of the father or the mother for that matter) cannot "take a child away" from the parent without specific proof of unfitness. It may be time that everyone involved head down to the courthouse and establish some official rights and responsibilities including the right for said 17 year old to get a job and start supporting his child rather than his parents attempting to control the situation by stating what they (who have no standing whatsoever) will do.