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Shane Michael Oncale

Shane Michael Oncale

The Oncale Firm
  • Divorce, Family Law, Domestic Violence
  • Alabama, Tennessee
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Biography

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.

Practice Areas
    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
Video Conferencing
  • FaceTime
  • Google Meet
  • Skype
  • Zoom
Fees
  • Free Consultation
    including free consultations by phone
  • Credit Cards Accepted
    Visa and Mastercard
Jurisdictions Admitted to Practice
Alabama
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Tennessee
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Languages
  • English: Spoken, Written
Professional Experience
Alabama State Bar
Current
The Oncale Firm
Current
Education
Cumberland School of Law, Samford University
J.D.
Cumberland School of Law, Samford University Logo
University of Alabama - Huntsville
B.S. (1990) | Marketing
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Professional Associations
Alabama State Bar
Member
Current
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Websites & Blogs
Website
Shane M. Oncale's Website Profile
Blog
Birmingham-Divorce
Legal Answers
80 Questions Answered
Q. What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?
A: The scenario you presents does not make any sense. If you had an executed prenup it should have most certainly been introduced and been part of any divorce. There are some facts and circumstances missing from what you are saying. I would suggest you consult with an attorney (possibly the attorney who handled your divorce if you trust that person [not sure I would if your prenup was somehow ignored]) to find out your options and what really went on in your case. This is not something someone is going to be able to easily address in this forum without a lot more background information.
Q. Grounds for termination of parental rights?
A: Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise to seek out someone with whom you feel comfortable. Given the circumstances your describe it would likely be better for you to go the adoption route rather than the TPR route. Even then you bringing the child to visit the mother creates a problem. If there is six month no emotional support or contact and six month no financial support the child is considered abandoned under Alabama law and is available to adoption. The mother could also always consent to the adoption and clearly she has to realize this would be in the best interest of the child. ... Read More
Q. Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?
A: The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to hire someone experienced in this area of law. Birth Dad will have to be served but if he has had not contact and not provided support for some time he will have been deemed to abandoned the child and his protest now will not stop the adoption from moving forward. I work in this area of law and would be happy to work with you.
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Contact & Map
The Oncale Firm
Birmingham
15 Southlake Lane
#334
Birmingham, AL 35244
Telephone: (205) 980-4322
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM (Today)
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: After hours and weekend appointments can be arranged.
The Oncale Firm
Huntsville
600 Boulevard SW
#104
Huntsville, AL 35802
Telephone: (205) 980-4322
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM (Today)
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: After hour and weekend appointments can be arranged.
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