Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law and Tax Law for Alabama on
Q: Do I have to share my tax refund with my estranged wife in Alabama?

I'm currently separated from my wife, and we're going through a divorce in Alabama, although we haven't officially filed any papers yet. We have two children together, she has three children from a previous relationship, and I have one child. We filed taxes together for 2024, and the... View More

0 Answers | Asked in Divorce and Real Estate Law for Alabama on
Q: What happens in court if my name is on the deed but husband pays for house?

I have been married for 6 years with no kids, and my name was added to the deed of our house after marriage. My husband has been paying for it since and pays more because he earns more money. There are no debts in my name, and I have contributed to everything in his name. What should I expect in... View More

0 Answers | Asked in Divorce and Child Custody for Alabama on
Q: my soon to be ex-husband found out. I am dating the police officer that took the report for his charges and is trying to

Use it in our child custody hearing, how will this affect my custody?

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can a individual be held accountable for their actions causing separation/divorce
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

An Alabama attorney could advise best, but your question remains open for a month. Yes, from a textbook standpoint if the actions could be proven to cause tangible harm that led to a divorce, such as financial ruin, etc. But from a PRACTICAL standpoint, law firms are reluctant to touch cases along... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Alabama on
Q: My wife, divorcing me, borrowed $75,000 from me to buy a house in Alabama then signed the deed as a single woman Legal?

Put her name and her son's name on the deed after telling me he would pay me back. He has not and it has been 3 years. When I got the divorce papers, I found out she had just transferred her 1/2 of the house to him. Signed the transfer deed also as a unmarried woman. What can I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

Your divorce lawyer needs to interplead the Son as an indispensable party in the Divorce Action. Then you plead your case for a real property interest on both legal and equitable grounds., against both.

2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Alabama on
Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?

i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 12, 2024

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any...
View More

View More Answers

1 Answer | Asked in Divorce for Alabama on
Q: Separated since 4/17/23. I want to purchase a home without it seen as marital property. Divorce is Nov 5. Possible?

I am representing myself. I'm looking for a caselaw that support this.

Christine Hernandez
PREMIUM
Christine Hernandez
answered on Sep 2, 2024

I would wait to purchase property until you receive the judgment of divorce. Matters of alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion as to either of those issues. Willing v. Willing, 655 So.2d... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jun 4, 2024

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... View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Alabama on
Q: My ex and I divorce was finalled on 03/13/2024 and she is refusing to share how she filed on her taxes.

I understand that this year we would file Married and Filing separately even though we were married at the end of 2023. She filed single and separate and claimed both kids. I was under the impression that she was at the very lease suppose to file married and separate.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

I'm sorry to hear about your divorce and the difficulties you're facing regarding your tax filing. It's understandable that you have concerns about how your ex-spouse has filed her taxes. Based on the information you provided, here are a few important points to consider:

1....
View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: What to do if spouse throws stuff out,turns off power,etc,evicts kids & I while not following prenup?

Prenup says he will pay housing for us for 3 years if divorced, but refuses and we are now homeless. Final judgment says nothing of prenup .

Shane Michael Oncale
Shane Michael Oncale
answered on Dec 14, 2023

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... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in Divorce for Alabama on
Q: How do I get a fast a cheap divorce

We have no children or assets

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

If you and your spouse have no children or assets, you can get a fast and cheap divorce in Alabama through a process called an uncontested divorce. This means that you and your spouse agree on all of the terms of the divorce, including the division of property, alimony, and child support.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband and I have separated for years now .he abandoned me and our kids.Can i sue him for abandonment and alimony
Don Oliver Keene
Don Oliver Keene
answered on Nov 17, 2023

It depends. You can always file for divorce and seek alimony and child support it really just depends on the details of your case whether or not you will actually get it. There are a lot of factors that go into determining these situations. You should absolutely seek a local family law attorney to... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Divorce for Alabama on
Q: What is the statue of limitations in Alabama to file a lawsuit against your ex-husband for slandering my character?

How do I begin the process? I am in Alabama!

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

In Alabama, the statute of limitations for defamation is generally two years from the date the statement was made. To begin the process, typically you would start by filing a complaint in the appropriate court.

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: While pay alimony will my new wife be at risk if ex takes me back to court for + alimony? Divorced in CO now in live AL
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

In situations involving alimony across multiple states, complexities arise. Generally, the state where the divorce was finalized, in this case, Colorado, retains jurisdiction over alimony matters. If you've since moved to Alabama, the process might involve transferring or recognizing the... View More

1 Answer | Asked in Divorce for Alabama on
Q: In the case of an emotional abusive vulnerable narcissist wife of 30 years, will I have to pay her alimony?

Disguised as anxiety and depression, my wife has finally shown her true colors as a vulnerable narcissist, admitting that she threatened suicide and even asked me to help her commit suicide because she is a drama queen and just did it for attention. Claims her anxiety and depression prevents her... View More

Michael E. Underwood
PREMIUM
Michael E. Underwood
answered on Jul 20, 2023

**I am a New York Attorney - so my answer only applies to laws in New York.

New York is a "no fault" state. As such, absent "shocking the conscious" claims, maintenance is determined by parties' income and a percentage of length of marriage. In other words, most of...
View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Alabama on
Q: My husband and I are getting divorced.Own home with renters who have lease.Does lease stand before we have to sell?

Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More

1 Answer | Asked in Divorce for Alabama on
Q: I got a divorce and on my divorce Decree do it have to say restored marriage name Christopher case my last name worng

I got a divorce and the lawyer put my worng last name do he have to fix my divorce Decree put it say restored back to her marriage name case the lawyer said it do not matter won't on the divorce decree my last name still my marriage last name christopher he got my worng last name do my divorce... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 9, 2023

Simple. File a motion Nunc Pro Truc (This for That) to correct the name

1 Answer | Asked in Divorce and Constitutional Law for Alabama on
Q: Do You have the right to be present in divorce court in Alabama
Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Without more information, no, there is no "right" that anyone has to be present for their divorce hearing. So long as the Defendant was served properly, only the Plaintiff needs to be present to prosecute his/her case. Best of luck!

1 Answer | Asked in Divorce for Alabama on
Q: What would the legal ramifications be if a vehicle is repossessed after a divorce decree?

What would the legal ramifications be if a vehicle is repossessed after a divorce decree? In the decree, I was responsible for paying the loan (in my. name) for her 4-Runner. I've had job changes and am making less money now. I am currently 2 payments behind and not sure I will be able to... View More

Kristine Jones
Kristine Jones
answered on Apr 5, 2023

Hello. Thank you for your question. Without knowing if you had a trial or reached settlement prior to trial, you may be subject to a Contempt action, modification of other provisions in the Agreement or Decree, and paying court costs/ her attorney fees.

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.