Divorce is a chapter of life that many hope to avoid, but for various reasons it becomes a necessary legal step for a vast majority of the American population. In the world of divorce, there are two main types; contested and uncontested. Both of these options come with their own set of steps, pros, cons, and more. In this blog, we’re going to dive into contested divorce so that you can gain a clear understanding of what it entails so that you’ll know if it’s the right option for you if you’re considering divorce. Let’s begin!
What Is Contested Divorce And What Are The Steps?
Contested divorce can be a complicated method to divorce and is used when a couple cannot agree on the involved terms when it comes to the distribution of their assets, property, children, and more. It typically involves a drawn-out legal battle in court and tends to heighten the emotional aspects of divorce because of the opportunity for each spouse to tell their own story to a judge, who’ll ultimately be the one to make the final decisions. This adversarial process can amplify feelings of anger, resentment, hopelessness, and more. It can prove to be especially difficult for couples who share children together and have to create a custody arrangement in addition to all of the other complexities that arise in divorce.
Steps
The steps of contested divorce are circumstantial depending on the jurisdiction in your area. In Alabama, the steps for a contested divorce are as follows:
- Filing for divorce – Typically one spouse (the petitioner) files for divorce in the correct court. The petition needs to be filed in the county in which the defendant resides or where the couple used to live together when their separation took place, and at least one of the spouses has to have been a resident of Alabama for at least 6 months. Other specific requirements and necessary forms for divorce in Alabama can be found here.
- Petition must be served – Someone who is 18+ and not involved in your case must serve your spouse with the divorce papers within 120 days of filing (if you are the petitioner). Papers cannot be served by the petitioner themselves. There are several options you can choose from, like paying a fee to the Sheriff’s office to have law enforcement serve the paperwork, hiring a server through a private company, or sending the paper through USPS’ certified mail services.
- Response/counterclaims – Once one spouse has been served, the other has to answer the divorce complaint within 30 days.
- Temporary orders – This allows you to address matters like custody, visitation, alimony, child support, and more before final decisions are made.
- Discovery – This is the step that involves both parties gathering information and evidence related to divorce. In Alabama, Rule 26 of the Alabama Rules of Civil Procedure outlines provisions governing discovery.
- Negotiation (or mediation) – This is a step where couples have the opportunity to discuss the terms of their divorce. The state of Alabama does require mediation prior to going to trial, but that doesn’t mean that it will work.
- Trial – Both sides’ attorneys will present evidence, witnesses can testify, and the judge will make the final decision based on what’s been provided to the court.
- Judgment – A judge will issue a judgment and divorce decree. Parties may choose to file an appeal against the judge’s decision if they believe errors were made.
- Enforcement – Once a divorce decree is issued, both parties are legally obligated to abide by what’s been decided.
Pros Of Contested Divorce
While contested divorce often gets a bad rap for being associated with lengthy legal battles, emotional chaos, and hefty legal fees, not all couples are able to negotiate the terms of their divorce civilly, so the traditional court process is the most logical solution. Below are some of the pros related to contested divorce:
- Protection of your rights – If you don’t feel that your rights and interests are being protected in an uncontested situation, going to court allows your attorney to make a case on your behalf so you can seek your desired outcome.
- Legal enforcement – If you’re married to someone who is highly conflictive and has ill intent against you in the divorce process, contested divorce can provide a legal barrier of enforcement, which will require your spouse to remain legally compliant to the divorce decree.
- Alimony determination – Contested divorce can prove to be useful for those seeking alimony as a result. Rather than depending on you and your spouse’s emotions to make the decision in mediation, a judge can evaluate you or your spouse’s true financial needs before making a decision.
Cons Of Contested Divorce
Just like there are pros to contested divorce, there are also cons that you’re likely more familiar with.
- It’s expensive – When you choose to take your divorce to court, there are often legal fees involved that only go up as your divorce drags out.
- It’s public – Divorce records are considered public records, so court documents and orders can be requested and viewed by outside parties.
- It can be emotionally draining – Getting a divorce is difficult enough, but doing so via a method that tends to be more lengthy and expensive can stir up additional emotions and may even affect your mental health.
- It can impact your children – If you and your spouse share children, a contentious contested divorce can have serious impacts on their emotional well-being and future relationships.
How Word Family Law Group Can Help
If you’re considering your options and think that a contested divorce sounds right for you, our seasoned divorce lawyer Christopher Word has 15+ years of experience fighting for his client’s rights in the midst of contentious divorce matters. He has extensive knowledge and experience with Alabama divorce law, and is passionate about helping you reach your ideal outcome. Call today to request a consultation.
If contested divorce isn’t a good fit for you and your spouse, keep an eye out for next month’s post regarding the steps, pros, and cons of uncontested divorce.
