There are two different kinds of divorces—contested and uncontested. In an uncontested divorce, both spouses can agree on all terms, including child custody, property division, and allocation, without the court’s help. This type of divorce is usually handled more quickly, is less complicated and is typically the less expensive option.
If you find yourself in a situation where the divorce complaint you’ve filed is contested, that means that your spouse does not agree on the terms that have been set, and while you may understand why your spouse is contesting the divorce, you may have many questions.
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Here are some answers to frequently asked questions about contested divorce:
How Long does It Take to Complete Proceedings for a Contested Divorce?
Contested divorces can last anywhere between 6 and 12 months, depending on the severity of the disagreement between spouses. Uncontested divorces, on the other hand, usually take 30 to 60 days.
How Much does a Contested Divorce Cost?
This number varies significantly, depending on many factors. Uncontested divorces cost between $1,500 and $2,500. Contested divorces average somewhere between $5,000 to $7,000. Seriously contested divorces can cost as much as $20,000 to $100,000.
However, cost should not be the focus when it comes to a contested divorce. The most important consideration here is not getting a quick settlement or a cheap settlement, but a good settlement.
A good settlement is one that you can live with, that splits the marital assets fairly and protects your custodial rights as a parent. It’s never good to have contested divorce cases drag out unnecessarily. Your legal representation should be prepared to fight for your rights for as long as it takes, though.
One of the best ways to avoid unnecessary delays and stall tactics in a contested divorce is to hire a law firm that’s well versed in family law and divorce cases. Summit Family Law’s distinguished reputation for effectively defending their client’s rights goes back over two decades.
What Kinds of Issues Are Resolved in Contested Divorces?
Contested divorces can revolve around one (or several) different issues at the same time. The most common issues in a contested divorce include (but are not limited to) the following:
- Division of assets (e.g. house, car, vacation properties, jewelry)
- Child custody (e.g. which parent has sole custody, visitation schedules)
- Alimony or spousal support
- Child support
Regardless of how any issue(s) between you and your spouse are settled in your divorce case, you will have to live with the results for years. That’s why having a law firm handle your contested divorce can help.
You have rights under the law in a divorce case, but you may still want someone to defend those rights. No matter what the contested issues are in your divorce case, Summit Family Law can act as a strong advocate on your behalf.
What Are the Necessary Steps for Handling a Contested Divorce?
There are 8 basic steps that each spouse will have to go through during a contested divorce:
Choose an Attorney
This is usually handled separately in a contested divorce, where each spouse chooses their own attorney. Once you’ve chosen the attorney you would like to work with, an interview is done—this is where the attorney will collect all the necessary documentation from you to determine what you’re entitled to during court.
Serving the Divorce Petition
Once the divorce petition is filed with the court, your attorney should make sure that your spouse is served the petition as well. This is usually handled in person, by mail, by publication, or by a legal representative. It is the responsibility of the spouse serving the petition that the other spouse receives it.
Responding to the Petition
Your spouse will have to respond to the divorce petition within a specified time frame from your state (it is typically 30 days). If your spouse does not respond, they are in default, and you can obtain a default judgment from the court.
Discovery
This is the part of the process where spouses are able to obtain detailed information from each other about marital assets, income, custody and any other issues relevant to their case. This is done through written interrogatories, document requests, and depositions. During discovery, the spouses can request temporary orders for child support or alimony from the courts.
Settlement
Most judges encourage spouses to come to an agreement before the final court date. The judge may order the spouses to go to mediation, where a third party can try to help them negotiate any unresolved issues. If the spouses are unable to come to an agreement, the discovery phase will continue, and the case will be scheduled for divorce court.
Trial
Your state’s divorce laws and the number of divorce cases in your local Family Court System will determine how quickly your case goes to trial. The judge will hear both sides of the case at trial and will then come to a decision regarding all issues.
The length of time it takes the judge to write a final order is directly related to the complexities of your case, including whether witnesses are needed in order to make a final judgment.
Post-Trial Motions
After the trial is over and the judge has signed their order, either party is entitled to file a post-trial motion for relief from the final judgment, typically within 30 days of the final judgment.
Appeal
If post-trial motions are denied, a notice of appeal can be filed within 30 days of the final judgment or within 30 days after the post-trial motions are denied.
Do I Have to Hire a Lawyer to Handle My Divorce?
In a perfect world, when two people get married, they go on to live happily ever after. Unfortunately, we don’t live in a perfect world. Sometimes marriages fail despite everyone’s best efforts.
When marriages break down in such a way, divorce can be the only option left. Divorce is always a difficult final step, but ultimately, it’s also the only way both spouses can get a fresh start.
Although marriages are personal relationships, divorce is a legal process. Whenever it comes to a legal process, it’s usually a good idea to have legal representation. Summit Family Law has been representing clients in Huntsville and all over Alabama in divorce proceedings since being admitted to the Alabama State Bar in 2000.
Call Summit Family Law for Help With a Contested Divorce Today
It has become more and more popular for spouses to “do their own divorce,” eliminating the legal costs involved with hiring divorce lawyers. This is something to consider if you don’t foresee any issues with legally divorcing your spouse.
However, in most cases, there are factors that must be decided on that only a licensed attorney can help mitigate.
Do you need legal assistance for your contested divorce proceedings in the state of Alabama? The Alabama Family Law Group is here for you. We can ensure that your divorce is handled professionally and efficiently following Code of Alabama Title 30 – Marital and Domestic Relations.
Give us a call today at (256) 859-7277 or fill out our online form today for a free consultation.
