Spencer Wright Law Firm, LLC

521 Madison Street SE, Suite 202, Huntsville, AL 35801, USA

©2019 by Spencer Wright Law Firm LLC | Huntsville Alabama Lawyer

 No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. This website is designed for general informational purposes only. 

HUNTSVILLE DIVORCE ATTORNEY

Divorce is a time of change. It is the ending of one story and the beginning of another story. You can choose whether it will be a triumph rather than a tragedy. 

 Nesha Wright, Esq.

Need to File for Divorce in Huntsville, AL? Call (256) 551-1151

Many people avoid what they fear. It can be much easier to ignore a situation hoping it will go away. But with a compassionate and understanding attorney, you can confront your fears and start enjoying your life!


Working with the Spencer Wright Law Firm will be the best way to ensure that your divorce goes as smoothly as possible whether it is a contested or uncontested divorce.

 

We promote civility and integrity, and recognize the importance of discretion and maintaining our client's privacy. We are committed to advocating for each client in a way that will not only achieve their goals in the current dispute but recognizes that, especially when there are children involved, the parties will remain in contact for years. 

Contested v. Uncontested Divorce

Divorce is never an easy decision, but we strive to provide you with legal guidance that can help make the process bearable and understandable. We can answer your questions, determine if your spouse is withholding information, guide you through mediation, and represent you in court.

 

Choosing to file a divorce will be one of your life's major decisions, and you don't have to go it alone. You will need a Huntsville divorce lawyer knowledgeable of the legal complexities of an Alabama divorce. Our attorneys and staff will be your support team, your confidante, your guide, and your staunchest advocate. You can depend on a divorce attorney from Spencer Wright Law Firm. From our first meeting to the final outcome we will work hard to protect your family both in the present and for the future. 

 

Contact the Spencer Wright Law Firm for experienced, cost-effective, and compassionate representation on all divorce and family law issues.

Divorce and Scope of Discovery

In contested divorces, our experienced Huntsville Divorce Lawyers will file a Notice of Discovery to ensure your spouse is not hiding assets or other matters from you. The scope and the limits of discoverable items can be broad as the Domestic Relations Rules governing the discovery process allow for discovery of any matter as long as it is not privileged, relevant to the issues litigated and the pending action including but not limited to:

  • Existence,

  • Description,

  • Nature,

  • Custody,

  • Condition and

  • Location of any books, documents, property, monies or other tangible objects.

 

When an Alabama contested divorce involves the custody of children, the normally privileged information regarding a parent's mental and physical well-being may be subject to discovery as well. 

 

Additionally, the discovery methods may vary depending on the parties and the subject matter of dispute, but could include all or part of the following methods:

  • Depositions upon oral examination or written questions,

  • Written interrogatories,

  • Requests for production,

  • Permission to enter property for inspection and other purposes,

  • Physical and mental examinations,

  • Requests for admissions.

Division of Property 

Alabama is an "equitable distribution" state; which means that the debts and assets that married couples share are divided according to a principle of equity, or fairness. The division of property in a divorce or legal separation is based upon assigning to each party his or her sole and separate property first and categorizing what remains as marital property.

 

Sole and Separate property is defined as property:

  1. Acquired prior to the marriage, and

  2. Sole and separate property acquired during the marriage such as gift, bequest, inheritance, etc.

  3. Distinguishable from the marital property.

 

Marital Property is defined as property:

  1. Acquired during the marriage, or

  2. Acquired for the purpose or benefit of the marriage

 

Property that may be subject to the division

  • Real Estate (ex: marital homes, investment property, vacation homes)

  • Retirement Accounts (IRAs, 401Ks, Pensions)

  • Financial Accounts (bank accounts, stocks and bonds) 

  • Businesses (small businesses and large corporations, the property of businesses, debts of the business) 

 

Although Alabama is an "equitable distribution" state, the court’s approach is more nuanced and requires a careful evaluation of several different factors. And as a result, the distribution of married couples debts and assets may not be 50/50 at the conclusion of the divorce. 

 

It is important to consult with an attorney that has experience handling Alabama divorces.