If you and your spouse have agreed on all critical matters and don’t need the court to decide about certain aspects, you will have an uncontested divorce in Decatur. That’s the simplest and most straightforward way of ending the marriage. However, couples don’t often have the ideal circumstances, and when you cannot agree on things like child custody and alimony, a contested divorce is likely. Consider meeting the attorneys of The Harris Firm, LLC, to understand your case better. For your help, here is an overview of contested divorces in Alabama.
Taking the first step
You are required to file a document in court called the complaint, which states the reason for your divorce. It also outlines what you expect from the trial. The complaint for divorce must be served to your spouse, but you cannot do that personally. You have to get a process server to complete that, after which the discovery process will start.
The discovery
Because there will be a trial for your contested divorce, your lawyer will need to gather financial records and other evidence that will come in handy in court. For example, if you believe that your spouse has been hiding assets, you have to find details to show otherwise. Your lawyer will engage in cross-examination during the trial, where they will challenge things said by your spouse.
Challenges of a contested divorce
A contested divorce is more time-consuming and can continue for months or even years. In your interest, you may want to consider the idea of mediation or talking to your spouse through respective lawyers to resolve conflicts. Remember you have little control over the outcome in a contested divorce. Whatever the judge decides would be final, and both parties have to abide by it.
The cost of an attorney
If yours is a contested divorce that requires more work, your lawyer will usually have a retainer fee and an hourly rate. The final price depends on how long the divorce continues and the major issues of contention. Many law firms in Decatur have low-cost services, but ensure you choose an attorney based on their experience with contested divorces rather than the price.
In a contested divorce, spouses often end up saying things that they regret later. If you don’t have a choice, you should follow your lawyer’s advice to avoid unwanted complications. You can look for local law firms in Decatur to find out more about family lawyers.
