In Alabama, divorces are granted on both fault and no-fault grounds. You can state that you and your spouse are incompatible, which should be enough reason to finalize the divorce. There are also other grounds for divorce, including adultery, drug abuse, imprisonment, and abandonment. What happens when you and your spouse want the divorce but don’t agree on issues concerning child support, child custody, and distribution of assets? Typically, you would have a contested divorce in these circumstances. Beyond any delay, consider talking to a Birmingham divorce lawyer to understand the process better. Below is an overview of contested divorces in Alabama.
The basics
If you initiate the divorce proceedings without an agreement, it would be a contested divorce. The papers will eventually be served to your spouse, which can be done in numerous ways. Your spouse now has 30 days to file an answer to the divorce Complaint. Depending on whether they respond in time, you will get further dates for hearings and mediation. It is expected that the couple will do their best to resolve the matter through mediation and discussion. If that doesn’t happen, your contested divorce will then head for trial, and the judge will make a call on the key contested issues that are unresolved. You are allowed to call witnesses and present evidence to support your side.
How much do contested divorces cost?
It depends on the circumstances, and most attorneys charge an hourly rate for contested divorces. Because the process is a long one and can often take months or even years, it is best to know the expenses in advance. If yours is an uncontested divorce, you can expect many lawyers in Birmingham and Huntsville to take a flat fee.
Things to understand
If you and your spouse can resolve things with the help of respective attorneys, it is always a wise thing to do so. A contested divorce is not only time-consuming but also complicated and extremely harrowing. Also, if you let the court decide the fate of the contested issues, nothing may work as expected. If you have hired an attorney, talk to them about the best ways to avoid a contested divorce and if there are ways to come to an agreement without compromising your interests.
Check online today and find out more about the best-rated attorneys in your area, and before you hire one, consider if they have been to trial and have credible experience handling contested divorces.
