In a contested divorce situation with children involved, the most important issue is usually child custody. The next important issues will be support, alimony and property division.

Otherwise, although “contested” sounds like there is a lot up for grabs with lots of variables in a given situation, there are surprisingly few areas to fight about when spouses cannot agree on the remaining terms of a divorce. This is a direct result of Alabama legislation and case precedent. With hundreds and thousands of divorce cases decided in Alabama annually, most courts have set standards for results in most cases. For example, barring extreme facts, property, homes and assets are usually split right down the middle! However, it is extremely important to win in those areas that can be won in.

The Real Divorce System

Think about it: if judges with a hundred cases or more in front of them at any given time had to decide each case to the fine aspect and hear every last aspect of people’s lives before making a decision, our domestic relations system would be more log jammed than many people think it is already. Courts struggle to keep up with the volume of divorce cases as it is and it just makes it easier to have set standards and guidelines to decide the lion’s share of case issues. The best victories come through negotiation and settlement.

What if We Settle?

If a divorce reaches a settlement at any point in the case, it is sometimes more important to have an attorney who understands the contractual elements involved in writing or approving of an agreement. Mistakes and omissions in agreements can be costly and can have serious ramifications years down the line.

What Can Be Fought Over and Won?

It is extremely important that your attorney makes sure that those areas that can be won in are solidified in your divorce agreements or at trial. Divorce Agreements or the outcome of trials will have long-lasting effects on your life. Decrees from courts are living documents that parties will reference during disagreements and can impact almost every area of life. If done correctly, divorce decrees can spell out duties for each or either parent and even curb bad behavior by parents. If parties do not abide by divorce decrees and other domestic orders from courts, they can be held in civil and criminal contempt, have to pay the other side’s attorney’s fees, and possibly even go to jail!

Elements at Stake

Please see our other sections on Child Custody, Child Support, Visitation, Alimony, Contempt of Court and other divorce issues for a more thorough explanation of the elements and basics involved. Remember that later on, many components of a divorce decree can be changed over time, even long after divorce, with the proper legal method and facts. However, it is of the utmost importance to get what you want while at the table!

Always remember that each and every case is different; sound legal advice can only be attained by speaking directly to a knowledgeable and experienced attorney!