In a contested divorce case, the most contested issues are usually child custody and division of property. Secondary issues include child support, alimony, and other property and tax provisions.
Otherwise, although “contested divorce” sounds like numerous elements may be at stake, Alabama law has mandated many parts of people’s divorces already. In other words, without an extreme set of facts, it can be predicted the way most issues would be handled by a court. Thousands of contested divorce cases are decided in Alabama each year; most courts have set standards for results in many cases. This makes it abundantly important that your attorney be able to fight and win in questionable areas of law.
Settlement of Contested Divorce
Courts struggle to keep up with the volume of contested 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. Many of the best victories come through negotiation and settlement.
If a contested 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 contested divorce agreements can be costly and can have serious ramifications years down the line.
What Parts of a Contested Divorce Can Be 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. Contested 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, contested 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 court orders, they can be held in civil and criminal contempt, have to pay your attorney’s fees, and possibly go to jail.
Elements at Stake
Please see our other sections on Child Custody, Child Support, Visitation, Alimony, Divorce Contempt and other divorce issues for a more thorough explanation of the elements involved. Divorce decrees can be modified over time, even long after contested divorce, with the proper legal method and facts. However, it is of the utmost importance to get what you want during the original divorce. A section of the Alabama Code on divorce may be found here, in Alabama Code Contested.
Always remember that each and every case is different; sound legal advice can only be attained by speaking directly to a knowledgeable and experienced Alabama divorce attorney.