It takes courage and considerable deliberation to end a marriage. If you are at the crossroads where you know that the marriage is over and must take the next step, you need to consider all relevant aspects, including the legal process. Because Alabama allows for no-fault divorces, you don’t need the permission or approval of your spouse to start the proceedings in Huntsville. However, when there is no agreement on conflicts with your spouse, you are likely to have a contested divorce. As the name suggests, a contested divorce happens when two spouses start the process without an agreement. If you are in the same situation, you need to meet the attorneys of The Harris Firm, LLC, for a quick consultation. For your help, here is a look at contested divorces.
A look at the basics
Filing the papers can often be challenging, especially for those who don’t understand the legalese. If you have tried to talk to your spouse but have failed to reach an agreement on major issues, you can start by filing a “Complaint for Divorce”. You must file it in the appropriate court, which marks the start of the proceedings. You will get a court-assigned case number and a judge. The Complaint usually includes details like what you want from the divorce. If you are in fear of being abused or harassed by your spouse, you may request a separate protection order. Once the Complaint of divorce is filed, it will be sent to your spouse via process server/certified mail.
The next step
Once you file the Complaint and your spouse gets the papers, they will file an Answer to the Complaint. They may make new allegations or choose to deny the allegations you have made. Your attorney may contact your spouse’s attorney to try and settle the matter, and this is always a good way to keep a contested divorce under control. When lawyers talk, they can discuss and negotiate better. However, if there is no fruitful outcome, the case will enter the Discovery phase, following which there will be a trial. During the Discovery phase, both spouses will share relevant and critical info concerning the divorce, and the details will largely determine how the trial moves. If you let the judge take the final call, they will decide what happens to your property and matters like child custody and alimony.
Hiring an attorney in Huntsville
Considering how complex and time-consuming contested divorces are, hiring a family law attorney is non-negotiable. You have to find someone who is experienced and understands the different circumstances that surround such divorces. A competent attorney can help make room for dialogue, even when you and your spouse are not on talking terms. Attorneys are critical in avoiding a trial, which often means having no command over the outcome. Lawyers know other ways to resolve issues, such as mediation, and they can suggest ways that are more effective but won’t prolong the process.
How much do divorce lawyers charge?
Because contested divorces can continue for months or even years, it is impossible for attorneys to work without a retainer. You will usually pay an hourly rate along with a retainer. In your best interests, it is better to listen to your lawyer and consider alternative approaches, such as mediation, which may help avoid a trial. Before you engage a divorce lawyer, ensure you understand the fee structure and possible expenses likely in the case, which will help handle the financial aspects better.
Final word
Contested divorces can get ugly, and it is always prudent to have an expert divorce attorney in Huntsville on your side to protect your rights.
