5 crucial things to know about contested divorces in Montgomery

Ending a marriage takes much more than just cutting off ties with your spouse. There is a legal process to complete, and that can be complex when both parties don’t agree on major conflicts. If that’s your situation, you will likely have a contested divorce. Understanding Alabama laws is critical before you file for divorce in Montgomery. Firstly, you must fulfil the necessary residency requirements, which means either you or your spouse must be living in the state for six months before filing papers. Before you start, you must meet a Montgomery family law attorney to evaluate your circumstances. In this post, we share five crucial things to know about contested divorces. 

Crux of contested divorces

A contested divorce happens when at least one of the major issues cannot be resolved between the two parties. One of the spouses can then initiate the proceedings and file a complaint, which is then served to the other spouse. The other spouse gets to file an answer, where they either deny the allegations or make new ones. The legal process to reach a resolution includes a discovery phase, and if parties fail to reach a resolution, the case goes to trial. 

Differences with uncontested divorces 

In an uncontested divorce, both parties work out and resolve issues amicably without getting the court involved. The legal process is rather simple and straightforward, and while there is a mandatory waiting period of 30 days, one can get done with the proceedings in a relatively shorter time. Contested divorces, on the other hand, can drag on, especially if the couple is unable to resolve things between them or through different ways like mediation. 

Common issues in a contested divorce

In most contested divorces, the biggest fights happen over issues like child custody, child support, distribution of assets & debts, and alimony. Because the couple is unable to discuss or negotiate things, they eventually rely on the court to provide a resolution. The court will usually consider aspects that matter to ensure fairness in the final order. 

Relevance of legal presentation

Considering the stakes involved in a contested divorce, it is imperative for both parties to have attorneys. Besides guiding the client on Alabama laws and other details, they can also protect their interests and strive to get the best possible outcome. Attorneys also have a key role in managing legal proceedings and offering solutions when there are evident complexities. 

A contested divorce can be expensive

Lawyers often work on a flat fee for uncontested divorces in Montgomery, but that’s not practical or fair for contested divorces, where things linger and continue for months. In fact, lawyers will charge an hourly rate and a retainer, and you will eventually end up spending a lot more. Qualified and experienced attorneys often recommend alternatives like mediation, which can help resolve issues without a trial, but overall, contested divorces are expensive. 

Other things to know

If you know that yours is likely to be a contested divorce, it is best to rely on your lawyer for advice. Communicating with your spouse may not be the most straightforward task, but you have to ensure there are open lines to negotiate and discuss things. If you let the court decide every aspect, you don’t have any control over the outcome, which may be entirely different from what you wanted. Trust your attorney and be honest about all the details you share, and they should be able to help you sort things out sooner. 

Getting through a contested divorce can be challenging, but with reliable legal representation, you are likely to move in the right direction.