Contested divorce issues always exist if the parties involved are not in agreement with one another. Of course, if a couple is filing (or is considering filing) for a contested divorce, they are disputing some issues. Unfortunately, these problems can range from an issue so trivial as who gets the picture over the mantel to one that is extremely important as who will be awarded custody of the children. In most cases, individuals who have the attitude of not being amicable during the divorce process are not “happy” people and are often “out to get” each other. Therefore, parties to contested divorce procedures should realize up front the volume of stress that will be placed on their shoulders and the amount of time that will be expended during the divorce process.
Proceeding with a contested divorce without retaining a Huntsville AL divorce lawyer is not recommended.
Furthermore, the longer the discussions and disagreements about settlement terms lasts, the higher their legal fees will be. When one spouse retains an attorney, normally the other spouse will also. Then the attorneys for both parties will be the litigators between the parties and will take some of the burden from their clients. If an agreement cannot be made, then the parties and their attorneys will prepare for court hearings.
Below are some issues that the Huntsville divorce lawyer and his or her clients will encounter:
Multifaceted Contested Divorce Issues
Complex issues arise pertaining to the parties’ preferences in such matters as dealing with custody, finances, alimony, and retirement accounts. Too often these contested divorce issues are closely connected to the personal “battle” between the couple, thus, blurring their vision of being fair. Therefore, coming to a compromise about the division of debts and assets and other marital issues is not easily accomplished.
Financial Obligations and Challenges
A contested divorce can become quite expensive, depending on the complexity of the case, the attorney’s fees, and the amount of time expended on the case. The longer the couple “holds up” the agreement/settlement process, the more expensive the cost for the divorce will be because of attorney’s fees, court expenses, additional filings, and other related expenditures.
Procedures to Follow
When a couple decides to file a contested divorce, they should understand the complexity of such a choice. They need to understand the complexity of pursuing this type of divorce through the court system. After hiring a Huntsville AL divorce lawyer, he or she will complete the following with the client’s assistance:
• File the divorce complaint
• Wait on service to the defendant
• Wait on answer to the petition for divorce from the defendant
• Begin work on the discovery process
• File legal motions as needed
• Attend hearings as ordered by the court
• Negotiate with the spouse and his or her attorney for possible settlement
• Submit proposals for settlement without court intervention
• Prepare for court if settlement is not reached between the parties
• Attend and finish trial
• Wait on judge’s ruling and issuance of the divorce decree
• File an appeal if client contests judge’s decision
An experienced Huntsville divorce lawyer can assist couples to work toward a “win-win” settlement during the negotiation process as well as to explain the technicalities that pertain to a contested divorce. A couple who foresee a contested divorce in their future should seek assistance from an attorney; this is not an experience they will want to face and attempt to complete by themselves.
Contested divorce issues don’t have to plague your life when you going through this difficult stage in life. One of our attorneys can help you see past all of the problems associated with your case so that you can move on and have a happy, post-divorce life.