Contested divorce in Montgomery: The tough battle ahead


Regardless of the circumstances, the divorce can be trying and difficult to process. Things are likely to be more complex if you and your spouse don’t agree to the decision or cannot negotiate on one or more disputed issues. When there are evident problems, a contested divorce is imminent. If you believe your spouse will not cooperate or when matters like child custody and asset distribution become major hurdles, you should meet a Montgomery contested divorce attorney to discuss things further.

Reasons for a contested divorce

As discussed above, a contested divorce is when two spouses don’t agree on certain issues. The typical reasons include alimony or spousal support, division of marital assets and properties, child custody, and child support. When a divorce is contested, the process is convoluted as no one wants to bow down or compromise on their interests. More often than not, children become a significant point of contention, and one parent may not agree to share custody of the child or contribute to their education and other expenses. Recovering alimony could be a real challenge in different situations.

Get an attorney

If you have a contested divorce, don’t start independently. Things can be confusing for someone who doesn’t understand how the legal process works in Alabama or the functioning of circuit courts in Montgomery. An attorney with years of experience can advise you better and protect your rights. If you are initiating the divorce, your lawyer will help you file the complaint, which will be served to your spouse. The other party has 30 days to respond to that, and if they don’t, you could get a default judgment.

Remain open to dialogue

In a contested divorce, it is critical that you are open to negotiations. Lawyers of both parties will come together to see if an agreement can be reached, and if that doesn’t work, there is also the option of mediation. Mediation allows room for discussion and involves a neutral third party. If everything else fails, the court will decide on the disputes, and because judges aim to be fair to both sides, outcomes may not be in your favor. When possible, consider resolving everything with your spouse, and having a flexible attitude is a better idea.

Your lawyer is responsible for the paperwork related to the contested divorce and will ensure you understand your rights. They may also advise you on what to avoid until the divorce is finalized.

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