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Shane Michael Oncale

Shane Michael Oncale

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

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
  • Family Law
  • Domestic Violence
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
The Oncale Firm
Current
Alabama State Bar
Current
Education
Cumberland School of Law, Samford University
J.D.
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Professional Associations
Alabama State Bar
Member
Current
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Websites & Blogs
Website
Shane M. Oncale's Website Profile
Website
The Oncale Firm Website
Blog
Birmingham Divorce Lawyer Blog
Legal Answers
54 Questions Answered

Q. Getting a divorce. My wife has relocated my 4 year old son 400 miles away from me against my consent
A: Yes. If jurisdiction is proper in Alabama, the move was recent and there is not an existing case filed somewhere else you can file for divorce here, seek custody and ask that your child be returned to the state of Alabama. This is time sensitive however. If she moves and lives in another state for 6 months or more it is quite possible she can file for divorce in that state and force you to defend at least some issues in your case there if you are otherwise subject to personal jurisdiction in that state. You should meet with an attorney as soon as possible to set up a strategy and take action.
Q. Will it be easy for my husband to adopt my son since birth father isn’t on birth certificate and doesn’t pay for child?
A: No a step parent adoption in the case of a willful relinquishment of custody or proof of abandonment is provided for under Alabama law. What surprises people the most is the fact that the father must be notified, give his consent or have an opportunity to appear in court and contest the abandonment allegation. It is awkward but in many cases such as yours will not likely be a problem. The process is not really something you can navigate easily yourself so we will need to retain an attorney.
Q. My fiance was recently incarcerated and the back child support is adding up quickly. What are the next steps?
A: If he wishes to reduce or eliminate child support he will have to file a petition seeking that relief with the court that ordered him to pay or it will continue to run up as an arrearage. Given the fact that he is incarcerated a court could hold that he is not entitled to a reduction in child support because his loss of earnings can be argued to be of his own doing. Child support is based on earning capacity not actual earnings. Regardless to have any chance at all he will have to file a petition seeking relief with the court. Each payment becomes a judgment as it becomes due so no relief can be given from payments that were due in the past only payments moving forward.
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Contact & Map
The Oncale Firm
Birmingham
1 Chase Corporate Dr
#400
Birmingham, AL 35244
Telephone: (205) 458-9805
The Oncale Firm
Huntsville
7027 Madison Pike
#108
Huntsville, AL 35806
Telephone: (205) 458-9805
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