Here is the problem as she told it. Her husband had a little too much to drink and started saying things at a bar about her. These were not kind. Let’s just say, it would damage her reputation.
Her solution was to sue him.
There are a lot of problems here. If you want to sue your spouse, my guess is that there are a lot of other problems in your marriage that you should solve first. But since you asked, I am happy to tell you.
Yes, you can sue your husband in Alabama.
The confusion may come because that was not always the case. For a long time in our history a couple was considered one entity (mostly the husband) so suing a spouse was not allowed. That meant you could say or write whatever you wanted about your spouse and he or she could not sue you. But I am happy to say that is no longer the case.
The change has come because the legislature and the courts have acknowledged the reality of divorce, individual property rights and domestic violence. You would be hard pressed to find someone who didn’t think a domestic violence victim could not sue her attacker.
This change is especially important to the type of law I specialize in … personal injury. There have been cases when a spouse is injured and I have had to sue the other spouse (really their insurance company).
In either case, my general advice to anyone is do not sue if there is any other possible solution.
If you are injured or suffer property damage, you can talk to us at Eiland and Ritchie for free. There is no charge unless we collect for you. We want to help you get back on your feet.
Alabama personal injury lawyer