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Contested Divorce

What is a Contested Divorce?

A contested divorce can be one which one spouse opposes the divorce or when the couple can’t agree on one or more sensitive issues, such as alimony or property division. These type of divorces are typically lengthy, demanding and stressful.

The Contested Divorce Process in Alabama

When both parties have reached an impasse in negotiating a settlement, the litigation process in contested divorce commences by filing of pleadings, which both spouses will declare their respective claims and defenses. The purpose of the pleadings is to place parties on notice to inform the details of the claims. These claims include their grounds for divorce and request for relief, such as custody, financial support and marital assets.

Once each party has been served with the pleadings, spouses typically seek temporary orders in order to address sensitive issues such as child custody, support and visitation. Temporary orders ensure family finances, such as mortgage and car payments, are not being ignored.

The parties then undergo a formal discovery process, where each spouse (with aid from their respective attorneys) will seek to discover and uncover as much information about each other through the use of interrogatories, requests for documents and requests for admissions. Each spouse and other witnesses involved are prone to submit deposition, where they answer questions under oath.

Upon completion of discovery, a trial is set before an Alabama domestic relations or family court judge. A judge may often order the parties to engage in mediation in an effort to resolve their differences prior to a court hearing.

If mediation fails to establish a settlement or is never ordered, the case will go to trial, where the judge hears the important facts of the case in order to make a final decision on any issues which both parties cannot agree on. Testimonies of witnesses are heard and documents submitted as evidence are reviewed. Lastly, each attorney will make closing statements, summarizing the important facts and help the judge determine an appropriate ruling.

Let Our Birmingham Divorce Attorneys Protect Your Rights

At Gossman Law Firm, LLC, we understand that contested divorces are inherently overwhelming, lengthy and stressful. If you are going through a contested divorce in Alabama, retain representation from our trusted and experienced legal team in order to obtain the results you desire.

To schedule an initial free consultation, contact our firm today.

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