Contested Divorce

CONTESTED DIVORCE LAWYERS IN HUNTSVILLE, ALABAMA

If your marriage issues are keeping you and your spouse from coming to terms on a divorce agreement, the experienced Huntsville divorce attorneys at New Beginnings Family Law can help. We can provide skilled legal counsel that protects your interests while working to find as smooth a path as possible to your goals.

It is not unusual for a divorcing couple to have multiple issues they must come to an agreement on as part of divorce proceedings. However, during the necessary give-and-take of deciding on terms of a divorce, it is essential that you have an independent, knowledgeable professional present to focus on issues pertaining to your finances, property, and your continued relationship with your children.

A Huntsville Contested Divorce Attorney Help

Our Alabama contested divorce lawyers have all been where you are today. As a respected family law firm, New Beginnings Family Law has more than a decade of experience guiding clients through contested divorces. In this emotionally charged time, we want you to feel confident and comfortable moving forward with us at your side. As your representatives, we will:

• Listen to you to gain an understanding of your situation and the future you hope to achieve, this includes all military divorces as well
• Take an objective approach to your divorce to explain the stakes and guide you toward reasoned decisions, including explaining fault vs no fault divorces and which one you’ll need
• Establish goals that meet your needs for division of assets, child custody, alimony, and the resolution of other issues
• Ensure the assistance we provide you is also what’s best for your minor children
• Negotiate contentious issues aggressively with the objective of reaching an agreement without judicial intervention
• Stand firm in the representation of your rights and needs in negotiations, and in court if your divorce case must go to trial
• Assist you in a genuinely sympathetic manner based on our team having been through personal family law matters ourselves
• Always be available to talk or answer any questions you have about your case

Schedule a consultation now to discuss your divorce with our compassionate and understanding Hunstville Alabama family law attorneys. Contact us by calling (256) 824-9627 or filling out our online form. Let us help you take your next step forward today.

What Is Contested Divorce in Huntsville, Alabama?

A contested divorce is not necessarily one in which one spouse does not want to end the marriage. An Alabama court can grant a divorce petition with or without the agreement of the other spouse.

What’s at issue in a contested divorce (versus an uncontested divorce) are the terms of the divorce agreement, also known as the marital settlement agreement. This document typically addresses such important matters as:

• Division of marital property (assets)
• Division of debts
• Child custody and visitation schedules
• Child support payments
• Alimony, also known as spousal support or maintenance

Though agreement on these issues has not been reached, one spouse may file a Complaint for Divorce and have the other party served to start the divorce process. In the state of Alabama the court may then issue a Standing Pendente Lite Order, which may establish temporary child support and/or spousal maintenance requirements “pending litigation” or an agreement.

The parties in a contested divorce may come to an agreement at any time. Indeed, the objective in any contested divorce should be to reach an agreement with as little strife as possible and avoid the time, expense, and emotional impact of a court proceeding.

However, we understand that each marital issue to be addressed in a divorce settlement can be complex and packed with emotion. We also understand how easy it is to lose sight of what’s best for yourself if discussions become heated. In a contested divorce, a bad decision in an unguarded moment could be financially ruinous or leave you unable to see your children when you want.

It is essential to have an advocate who understands and is sympathetic to your goals in a contested divorce. Your Huntsville contested divorce attorney from New Beginnings Family Law will fight aggressively to protect your rights in negotiations and will work diligently to pursue an outcome that meets your needs.

Contact our respected divorce law firm in Huntsville today for a consultation. We can review the status of your case and help you decide on your options, such as an appeal, or modification, for moving forward.

What to Expect in a Contested Divorce in Alabama

A contested divorce is one in which there are issues of disagreement. Once one spouse (the plaintiff) files a Complaint for Divorce and the other is served with divorce papers, the second spouse is required to answer the complaint within 30 days or divorce will be granted. The responding spouse may affirm or deny any allegations made in the complaint and may raise additional issues in his or her response.

Our work as your contested divorce lawyers is to help settle disagreements between you and your spouse in a manner that is fair and does not leave you at a disadvantage. Our work may include:

• Filing a Complaint for Divorce or a counterclaim to your spouse’s complaint, stating your agreements and/or disagreements, additional allegations, and your desires for child custody, spousal support, assets you have a right to, etc.
• Seeking a Standing Pendente Lite Order or petitioning for adjustment to an order previously issued.
• Filing discovery motions to obtain information and evidence from your spouse and/or others, which pertains to the issues under discussion. Discovery may include obtaining sworn testimony (depositions), submitting written questions to be answered within a statutory time frame (interrogatories), or issuing through the court subpoenas for documents, such as bank statements.

Many divorce cases go to mediation after the discovery process is complete. In mediation, you, your spouse, and your respective attorneys meet with a registered domestic mediator who acts as an impartial third party to facilitate discussions toward an agreement. There may be several sessions. As discovery and mediation proceed, we will continue to be open to negotiations and potential agreement on each issue, as per your instructions and goals.

Our philosophy is that it is far better to settle marital issues and come to an agreement outside of court than it is to put your future in the hands of a judge. The judge who hears your divorce, such as in Madison County Circuit Court in Huntsville, will expect that you and your spouse have done everything possible to come to an agreement.

However, we recognize that settlement negotiations prove futile in some family law cases. This makes it necessary to present each issue before a judge, where each statement made on your behalf may be disputed. If your divorce must go to trial, we will work meticulously to prepare strong arguments to present in court.