Alabama Contested Divorce Attorneys

Huntsville lawyer protects clients’ interests in matrimonial disputes

Divorce can be complicated when the spouses disagree on essential terms, such as financial and parenting arrangements. Amy A. Slayden Family Law P.C. in Huntsville can be a strong advocate in safeguarding your rights and helping you obtain the best result for your circumstances. With decades of combined experience, our lawyers bring in-depth knowledge of Alabama law and the court system to handling of contested divorce cases. 

What is a contested divorce? 

What makes a divorce contested is usually not a dispute over the reason for divorce. In Alabama, the vast majority of divorces are brought on no-fault grounds. However, a divorce can become contested when the spouses cannot reach agreement on one or more key matters. The case goes on a different track than uncontested divorces, requiring both sides to exchange information and to present evidence for a judge’s determination. Most contested cases are referred to mediation to resolve disputed issues. 

Types of disputes that may lead to contested divorce 

Issues that are often disputed in a divorce include: 

• How marital assets and debts will be divided 
• Child custody and visitation arrangements
• Child support amounts and who will pay support
• If alimony will be paid and how much and for how long

Sometimes, agreement can be reached through negotiations guided by the spouses’ respective attorneys. We are effective negotiators and litigators who will work hard to help you reach your goals, whether through a settlement or at trial. 

Contested divorce process in Alabama courts 

Bringing a contested divorce first requires meeting the jurisdictional requirement, which is that one spouse must have lived in Alabama for at least six months. The procedural steps are as follows: 

• Filing the complaint — This is done in the circuit court in the county on one of the spouses resides.
• Service of process — The other spouse must be served with a copy of the complaint and summons.
• Answer and counterclaim — The other spouse must file their answer within 30 days of service in order to avoid being in default.
• Pendente Lite relief — Either spouse may bring motions, asking the court to issue temporary orders on child custody, support or possession of the home.
• Discovery — The spouse exchange financial and other pertinent information through interrogatories, documentary requests and depositions.
• Mediation — Alabama courts commonly require the parties to submit to mediation, in which a neutral third party helps them attempt to settle custody, support and property issues. Although participation is mandatory, neither party is forced to accept the result.
• Trial — If contested issues remain after mediation, a judge decides them after trial.
• Divorce judgment — This final document incorporates all terms decided by agreement or at trial.

When you work with our experienced firm, you can trust that every step will be skillfully handled. 

Time frame of a contested divorce case 

Contested divorce cases can take a significant amount of time depending on how conflicted the parties are and how complex are their financial situations. Court schedules also affect the time frame. It is common for contested divorces to take nine to 18 months. Our firm seeks to resolve these cases in as timely a way as possible while ensuring that every aspect is appropriately addressed. 

Contact an experienced contested divorce lawyer for assistance 

At Amy A. Slayden Family Law P.C. in Huntsville, we are effective advocates for spouses in contested divorce cases in Madison County and throughout northern Alabama. To arrange a consultation, please call 256-529-4437 or contact us online.