Ex Parte Cato, 2016 Ala. Civ. App. LEXIS 288
Dec 02, 2016OUTCOME: Writ Granted In Part, denied in Part. Writ issued.
Whether a wife was entitled to a writ of mandamus directing leave to amend her answer to a divorce complaint, under Ala. R. Civ. P. 13(f) and 15, which would allow her to assert counterclaims. HOLDINGS ... : [1]-The wife was to be allowed to amend her answer to assert a counterclaim for her equitable share of the parties' marital property as the husband in his complaint asked the trial court to equitably divide the same; [2]-The husband did not demonstrate that he would be prejudiced if the wife were allowed to amend her answer to assert a counterclaim for alimony. The issues of property division and alimony were to be considered together as they were interrelated, and the wife's delay, in and of itself, was not a sufficient ground to deny her leave.
