These contested divorce facts will help you to know what to expect before speaking with a lawyer. When it comes to divorce, being prepared is the best option so there aren’t any surprises. Our lawyers are here to help if you need any questions answered now, but this list will get you started so you know all about contested divorces.
If you are considering filing for divorce in Alabama, then there are some contested divorce facts that you should be aware of prior to speaking to an attorney. If you’ve had to ask yourself what is a contested divorce, then know that you are not alone. We get many questions from callers who ask exactly what is a contested divorce and how do I know if I need one? These answers and more will help you along so that you can be prepared when speaking with one of our Huntsville divorce lawyers.
Contested Divorce Facts
A contested divorce means that you and your spouse have not worked out any type of agreement with regard to your marital property or custody issues before filing for divorce from each other. In a typical contested divorce, our lawyers will go back and forth with your spouse’s attorney in order to reach a common ground for custody and property division issues.
It is a common myth for people to think that their divorce is uncontested because they have almost everything worked out with their spouse. In a true uncontested divorce, you and your spouse would hypothetically be able to sit down at the table tomorrow and sign the divorce documents if we could get them prepared.
While many people are able to resolve their conflicts before filing for divorce, some will need the help of a lawyer in order to come to some sort of agreement. Settling your differences with your spouse outside of a courtroom is the ideal situation for most. Unfortunately, if one party isn’t willing to come to the table and negotiate, it means that you may have to go through mediation or have your case heard by a judge during a trial.
Below is what you will need to know about filing for a contested divorce in the state of Alabama. As with anything, this information is subject to change based on your own situation and should not be used as legal advice absent the help of one of our Huntsville divorce lawyers.
Contested Divorce Facts: Definition
Going through a contested divorce means that your spouse wants something different than what you want with regard to the property division or custody arrangements in your divorce. If there is any difference in opinion regarding child custody, property splits, child support, or anything else, it is likely that your divorce will be contested.
Contested Divorce: Cost and Time Frame
If you are going through a contested divorce, then you are likely to experience a longer than average time frame for your divorce. Because there is a lot more work involved, your attorney will have extra paperwork to get filed with the court. As such, this will extend the length of time that it will take to get your divorce fully handled.
During your conversations with your attorney, fees will be discussed so that you know what you’re looking at as far as your divorce is concerned. While your lawyer may not be able to tell you exactly how long your divorce will take, you can inquire about typical lengths of time for contested divorce cases.
What Happens At Trial
Your divorce case will not be heard by a jury like what you may have seen on television. In fact, it is very likely that if your divorce goes to trial, you will have to appear in front of a judge. No matter what has transpired during the course of the case, the judge has the final word on what happens in your divorce. He or she may order you to go through mediation so that the points of contention can be handled in the divorce.
If you have to go to trial, then the trial date is set far ahead enough in advance so that your lawyer has time to prepare and gather evidence. If custody is an issue in your divorce, your lawyer may want to interview expert witnesses or do depositions to gather information.
When your trial date is upon you, the judge will hear all of the evidence and either render a decision in your case or set another date for further evidence to be heard, if needed. If the judge wishes, he or she can choose to take several months to make his or her decision.
What Happens In Between Hearings
In between hearings, your attorney will gather information and evidence to support your claims if the matter goes in front of a judge. This evidence will speak as to why you should get what you want in the divorce agreement and why the judge should turn down your spouse’s requests.
Lastly, it is all up to the judge when it comes to child custody, support, and property division issues. Still, the option exists for you to settle early and not appear before a judge. If you decide to settle early, it is best to discuss that with your attorney beforehand so you know if that is the best path for you.
If you have any questions about these contested divorce facts, feel free to reach out to us and we will help you. Our staff is knowledgeable and caring about each and every one of our clients. With Charlotte Christian Law, P.C., you are not a number – you are a real person with feelings and we care about helping you.
For help with your contested divorce questions, please call one of our skilled Huntsville divorce lawyers at (256) 859-7277 to learn more about how we can help you to move forward.