Contested Divorce Attorney in Tuscaloosa, Alabama

Divorce is rarely an easy process, and when couples can’t agree on the terms of their separation, the situation becomes even more challenging. In Alabama, contested divorces require working through a complicated legal process, often involving disputes over child custody, division of assets, alimony, and other sensitive matters. 

On this page, I’ll provide an in-depth overview of contested divorces in Alabama, including legal requirements, processes, and practical advice for those facing such circumstances.

Contested divorces can feel overwhelming, especially when emotions run high and financial stakes are significant. The process often requires a thorough understanding of Alabama’s legal system, patience, and strategic planning. 

By familiarizing yourself with the steps involved and seeking the right support, you can approach the situation with greater confidence and clarity. Contact me, Chad Barnett, of Barnett Law Firm, to learn more about how I can guide you through the ins and outs of divorce law in Tuscaloosa, Alabama.

The Barnett Law Firm serves clients in Tuscaloosa, Alabama, as well as throughout Tuscaloosa County, Walker County, Jefferson County, Bibb County, Hale County, Greene County, and Pickens County.

What Is a Contested Divorce?

In this section, I’ll explain what a contested divorce is. A contested divorce occurs when spouses can’t agree on one or more issues related to the dissolution of their marriage. These disputes may include:

• Division of Marital Property: Former couples may have trouble determining how assets and debts are split.

• Child Custody and Visitation: If they have children, parents may struggle to establish parenting plans and visitation rights.

• Child Support: Parents may disagree on the amount and duration of support payments.

• Spousal Support (Alimony): A common dispute is whether one spouse will financially support the other after divorce.

• Other Marital Disputes: Other disputes can include disagreements over prenuptial agreements, pets, or specific possessions.

Unlike an uncontested divorce, where both parties agree on all terms and file jointly, a contested divorce requires court intervention and potentially a trial to resolve disputes.

Legal Grounds for Divorce in Alabama

Let’s discuss the legal grounds for divorce in the state of Alabama. Alabama recognizes both no-fault and fault-based grounds for divorce:

No-Fault Grounds

• Incompatibility: The couple can no longer live together due to irreconcilable differences.

• Irretrievable breakdown: The marriage is beyond repair.

Fault-Based Grounds

• Adultery

• Abandonment for at least one year

• Imprisonment for two or more years with a sentence of seven years or longer

• Drug or alcohol addiction

• Domestic violence or cruelty

• Mental illness requiring at least five years of confinement

Fault-based grounds can influence the court’s decisions on issues such as alimony and property division.

The Process of a Contested Divorce in Alabama

The process of a contested divorce in Alabama follows an eight-step process, as I’ve outlined below.

Step 1: Filing the Divorce Complaint

The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the appropriate circuit court. The complaint outlines the grounds for divorce and what the plaintiff is seeking in terms of custody, support, and property division.

Step 2: Serving the Complaint

The plaintiff must make sure the defendant (the other spouse) is served with the divorce papers. This can be done through:

• Certified mail

• Personal service by a sheriff or process server

• Publication, if the defendant can’t be located

Step 3: Response by the Defendant

The defendant has 30 days to file an answer to the complaint. They may also file a counterclaim, outlining their own requests and grievances.

Step 4: Discovery Process

During discovery, both parties exchange information to support their claims. This stage includes:

• Interrogatories: Written questions requiring answers under oath

• Depositions: Sworn statements taken in the presence of attorneys

• Requests for Production: Document exchange, such as financial records, emails, or text messages

Step 5: Temporary Orders

The court may issue temporary orders addressing immediate needs, such as:

• Temporary custody and visitation arrangements

• Temporary child or spousal support

• Restrictions on property use or financial accounts

Step 6: Negotiation and Mediation

Alabama courts often require mediation to resolve disputes without a trial. A neutral third party helps the spouses negotiate and potentially reach a settlement.

Step 7: Trial

If mediation fails, the case proceeds to trial. Both parties present evidence and arguments, and a judge makes the final decisions on unresolved issues.

Step 8: Final Divorce Decree

Once the court resolves all issues, it issues a Final Divorce Decree, legally ending the marriage. The decree outlines the terms of custody, support, and property division.

Key Issues in Contested Divorces

There are a few key issues that often come up in contested divorces. In this section, I’ll discuss the division of property, child custody, child support, and spousal support.

Division of Property

Alabama follows an equitable distribution model, meaning marital property is divided fairly but not necessarily equally. Factors considered include:

• Length of the marriage

• Contributions of each spouse, including homemaking

• Future earning potential of each spouse

• Fault in the breakdown of the marriage

Child Custody and Visitation

The court prioritizes the interests of the child. Factors include:

• Parental ability to provide for the child’s needs

• Emotional bonds between the child and each parent

• Stability of each parent’s home environment

• History of domestic violence or substance abuse

Child Support

Alabama uses a standard formula based on both parents’ incomes, the number of children, and custody arrangements. The court may deviate from this guideline in special circumstances.

Spousal Support (Alimony)

Alimony may be awarded to a spouse who requires financial support post-divorce. The court considers:

• Length of the marriage

• Standard of living during the marriage

• Financial resources and earning capacity of each spouse

• Fault contributing to the divorce

Challenges in Contested Divorces

Contested divorces can be emotionally and financially draining. Common challenges include:

• Length of the Process: Contested divorces often take months or even years to resolve.

• High Legal Costs: Attorney fees, court costs, and expert witness fees can add up quickly.

• Emotional Toll: Disputes can exacerbate tension and strain family relationships.

• Impact on Children: Prolonged conflict may negatively affect children’s emotional well-being.

Tips for Going Through a Contested Divorce

Here are some tips for going through a contested divorce.

Hire an Experienced Attorney

Legal representation is crucial in contested divorces. An experienced attorney can help you in the following ways:

• Advocate for your interests

• Guide you through the legal process

• Help you negotiate favorable terms

Organize Your Finances

Compile financial documents, including bank statements, tax returns, and property records. Understanding your financial situation is essential for negotiations and court proceedings.

Prioritize Your Goals

Determine which issues are most important to you, such as custody arrangements or specific assets. Being clear about your priorities can help streamline negotiations.

Consider Mediation

Mediation can save time and money while allowing both parties to retain some control over the outcome. Even if all disputes aren’t resolved, mediation can narrow the issues for trial.

Focus on the Best Interests of the Children

Avoid using children as leverage in disputes. The court’s primary concern is their welfare, so you should demonstrate a cooperative and child-focused approach.

Stay Emotionally Resilient

Lean on trusted friends, family, or a therapist for support. Maintaining your emotional health is vital during this challenging time.