How Do You Handle a Contested Divorce in St. Clair County?

Are You Anticipating a Divorce in St. Clair County?

If you file for divorce in St. Clair County, or if your spouse files for divorce, you are going to need the assistance of a St. Clair County divorce attorney. If you and your spouse can’t agree on a divorce settlement, you may expect a lengthy and expensive contested divorce proceeding.

Getting divorced is never easy, but it is much more difficult when spouses cannot compromise on matters like alimony, child custody, child support, and the division of marital properties and assets. However, a contested divorce in Alabama doesn’t necessarily require a divorce trial.

Contested divorces in Alabama can frequently be resolved through out-of-court mediation or private negotiations. After a consultation, a St. Clair County divorce lawyer can advise you about the best way to proceed with your contested divorce.

When is a Divorce Contested?

Contested divorces happen when the divorcing spouses cannot agree on one or more essential issues. If the parties can’t agree, for instance, on the division of assets, child custody, or spousal support, the divorce will be contested. The contested divorce process in Alabama begins with:

1. Filing the divorce complaint: Either spouse may begin the divorce process by filing a divorce complaint with the court. The complaint spells out the grounds for divorce and the issues that may be contested.
2. Serving the complaint: The spouse who files for the divorce (the plaintiff) must serve a copy of the divorce complaint to the other party (the defendant), notifying that party of the divorce proceedings and providing that party with a chance to respond.
3. The response: The defendant typically has thirty days to respond to the divorce complaint. During this time, the defendant may submit a counterclaim that also spells out grounds for divorce and issues that may be contested.

What Else Happens Before a Contested Divorce Proceeding?

After the defendant responds, the discovery process begins, and the divorcing spouses may (or may not) become involved in a mediation proceeding:

1. Discovery: In the discovery phase, the parties exchange documents and information pertinent to the divorce. Discovery may include written questions (interrogatories), subpoenas for the production of documents, and testimony under oath (depositions).
2. Mediation: Mediation may be required depending on the circumstances of the case and the county where the divorce is filed. In divorce mediation, a neutral mediator facilitates discussions and tries to help the spouses reach mutually acceptable agreements.
3. Pretrial hearing: Before a trial, if mediation fails or is not conducted, the court may schedule a status hearing to discuss procedures, ensure both sides are prepared for trial, and encourage continuing negotiations toward a voluntary settlement.

What Happens During and After a Contested Divorce Trial?

After a contested divorce trial, the court issues a final divorce judgment, and either spouse may appeal that judgment:

1. Trial: A trial will be conducted if the spouses cannot settle their differences out-of-court. Each side may offer evidence and witnesses, and the judge will determine contested issues such as child and spousal support, custody, and the division of marital assets and debts.
2. Final judgment: The judge will issue a final judgment of divorce, dissolving the marriage and resolving any outstanding contested issues. The final judgment may include ordering one spouse to make child support and/or spousal support payments.
3. Appeal: Either party may appeal the final judgment of divorce if it believes the court made legal errors during the divorce proceeding. If either side appeals, the attorneys will file written briefs and present oral arguments to an appeals court.

What Happens in Uncontested Divorces?

An uncontested divorce in Alabama can sometimes be final in as little as six weeks, but contested divorces can take six months or longer. Typically, the more there is in dispute, the more likely it is that a divorce will be lengthy, expensive, and acrimonious.

But if the spouses can compromise on matters like child custody, child support, spousal support, and the division and distribution of marital assets and debts, the divorce will be quicker, less contentious, and less costly.

What Else Should Divorcing Spouses Know?

You may divorce in Alabama only if one or both spouses have been Alabama residents for six or more months. If your spouse lives in Alabama but you do not, you still may file here for a divorce. If you live in Alabama but your spouse does not, you must have been a resident for at least six months before you may file for divorce here.

Financial disclosures are often required to ensure a fair division of marital properties and assets. Both spouses must provide complete financial disclosures. If you believe your spouse is trying to hide assets, that is one of the first things you must tell your divorce attorney.

In divorces involving children, the court’s highest priority is the best interests of those children. If you contend for your child’s custody, you and your St. Clair County divorce lawyer must be ready to tell the court why naming you the custodial parent is in your child’s best interests.

Let Jim Golden Law Fight on Your Behalf

If you are planning or anticipating a divorce, call Jim Golden Law. St. Clair County divorce attorney Jim Golden will ensure that you are treated properly and fairly by the court and that you receive everything that is legally and rightfully yours in the final divorce judgment.

Attorney Jim Golden and the family law team at Jim Golden Law provide the sound advice, insights, and aggressive advocacy you will need in a contested divorce. Attorney Jim Golden represents divorcing spouses in Shelby, St. Clair, and Talladega counties.

If you anticipate a dispute over child custody, child support, spousal support, or the division of assets – or if you need to find out more about divorce and your rights – call Jim Golden Law at 866-950-6652 and schedule a free 30-minute strategy session with no obligation.

Attorney Jim Golden knows how to resolve the most challenging divorce cases. He also handles DHR matters, child custody, and child support disputes, as well as criminal cases and personal injury claims. Let attorney Jim Golden work for you.