Alabama Domestic Relations/Family Law

When clients contact Lusk & Lusk to seek advice about divorce or other matters, they often have similar issues on their minds. Here are answers to some questions we are frequently asked.

What factors does the court consider when dividing marital property?
As an equitable distribution state, Alabama’s courts may consider many factors including:

  • Length of the marriage
  • Prior marriage(s)
  • Age and health of all parties
  • Employment, education, income, and employability
  • Contribution by one spouse to the education, training, or increased earning power of the other spouse
  • Opportunity to acquire future income and assets
  • Sources of income, including medical, retirement, insurance, and other benefits
  • Services rendered as a parent, wage earner, or homemaker
  • Sources of property such as purchase, inheritance, gifts, etc.
  • Whether property was acquired before or during the marriage
  • Standard of living established during the marriage
  • Tax consequences of the property distribution
  • Custodial parent designation

Can I ignore our visitation agreement if my spouse does not pay support?
No. These are two separate issues. If you are not receiving support payments, this is a matter for the courts. Contact your family lawyer, who can counsel you regarding options for forcing payment.

Can I keep the house my parents gave us when we got married?
Since this was a gift to you both, it may difficult to claim that you owned the house prior to your marriage. However, a family lawyer may make a strong case since property distribution in Alabama depends on what the court considers fair and equitable rather than splitting all assets down the middle. This is a circumstance where it is especially important to select an experienced Huntsville family attorney familiar with standard practices in your area.

I do not have a job. Can I force my husband to pay my divorce legal fees?
The court is the only entity that can force a spouse to pay the other’s divorce legal fees. This may be appropriate depending on the circumstances of your divorce. However, legal fees are also one element on the negotiating table when you and your lawyer face your spouse to try to come to an agreement about your property division before going to court. Your divorce attorney in Huntsville can advise you on the best way to get what you need.

Contact Huntsville and Guntersville, AL lawyer Jonathan M. Lusk
For experienced legal and financial counsel on family law issues and civil litigation, call the Huntsville, AL office of Lusk & Lusk at 256-704-1926 or the Guntersville, AL office at 256-582-3248, or contact Lusk & Lusk online.

Serving North Alabama including Madison County and Marshall County.