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.

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Alabama

Tennessee

Since 1994

Alabama State Bar

Current

The Oncale Firm

Current

Cumberland School of Law, Samford University

J.D.

University of Alabama - Huntsville

B.S. (1990) | Marketing

1988 - 1990

Alabama State Bar

Member

Current

Q. My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

June 4, 2024

A: I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is always "less expensive" and when you set the terms (as clearly your husband is trying to do) favorable. You need not leave your house or your child unless/until there is an order requiring you to do so. In addition to the issues of child custody, visitation and child support you mention a home so there is likely also an aspect of asset and debt division to be addressed as well. You can't stop the divorce but you should most certainly not accept HIS terms or take any action towards accepting his terms (moving out of the house) without at least first consulting an attorney and discussing in detail the facts of your case and the likely outcome if the issues and facts were presented to a judge in your jurisdiction. ... Read More

Q. What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

December 14, 2023

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?

September 16, 2023

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