Birmingham Contested Divorce Lawyer
Divorce always has the potential to become complex, but this is even more true when the parties involved cannot agree to certain terms. If you are thinking about ending your marriage and know that the case will be contested, you may think that you will have to go to a divorce trial. Fortunately, even most contested cases of divorce do not result in litigation. There are many ways to resolve the issues in a contested divorce. Our Birmingham contested divorce lawyer can help you do it.
When is a Divorce Contested?
A divorce case is contested when one party fights the actual divorce itself, or when the couple cannot reach an agreement about certain terms of the divorce. When the couple involved can reach an agreement, it is known as an uncontested divorce. The main reasons a divorce becomes contested include:
- One spouse wants to divorce but cannot locate the other party
- One spouse does not consent to the divorce and causes unnecessary delays, such as refusing to sign the paperwork
- The spouses cannot agree on key issues of the divorce, including the division of marital property, alimony, child custody, and child support
Disputes vary widely in a contested divorce. In one case, a couple may only be unable to agree to one certain issue. On the other hand, there are cases in which the couple argues over every single term.
How Long Do Contested Divorces Take in Birmingham?
The time a contested divorce takes can vary widely from case to case. After a case is filed with the court, it is assigned to a judge. The schedule of the judge will determine when a trial date is set. Sometimes, cases are rescheduled due to the fact that other cases have priority or other circumstances arise.
All of this can result in a contested case taking as little as six months. Other times, though, a contested divorce case can take up to one year, or even 18 months in some cases. When the couple only disagrees on one or two issues, a contested case can be resolved much more quickly. Alabama imposes a 30-day waiting period on any divorce case. This time starts once papers are filed with the court. When a couple can resolve their disputes before this time, they can obtain a divorce much more quickly.
How to Resolve Issues in a Contested Divorce
Even most contested divorce cases do not go to trial. Mediation is a form of alternative dispute resolution during which the couple meets with a third party mediator who can foster compromise and communication. In other cases, the attorneys for both sides negotiate on their client’s behalf so a settlement agreement can be reached. Both of these are better alternatives to going to court and allowing a judge to make the final decision on all terms.
Our Contested Divorce Lawyer in Birmingham Can Help with Your Case
If you are in dispute over the terms of your divorce, our Birmingham contested divorce lawyer can help. At Peeples Law, our experienced attorney can effectively negotiate with the other side to help you obtain the successful outcome you are hoping for. Call us now at 205-403-5577 or contact us online to schedule a consultation.