When spouses disagree about things like property division, child custody & support, and alimony it can make divorce more complicated and hostile. A contested divorce can be one of the most difficult things to go through, so knowing what your rights are and how to protect yourself in a contested divorce in Montgomery, Alabama is essential, get help if you need more information. A complete overview of your rights information regarding what happens in a contested divorce is provided in this article so that you can know exactly how to get divorced based on giving each other space.
1. Grounds for Divorce
To file for divorce in Alabama, you need to have valid grounds for doing so. These may be fault or no-fault grounds.
2. Child Custody and Support
The Best Interests of the Child: When it comes to custody in contested divorces involving children, the court looks at things through the eyes of the child, considering what makes sense for them when making any decisions regarding where they live. Factors considered include:
- Each parent in the case of children
- How each parent can fulfill the needs of the child
- The degree of stability in each home for the parents
- Wishes and desires of the child based on their age and degree
Types of Custody: Custody can take many forms including physical custody (where the child lives) and legal custody (who gets to make significant decisions for the child). Custody attention is given to joint or single, and these decisions tend to be made based on what is best for the child.
Child Support: The state of Alabama also has certain guidelines for calculating child support and this is also based on both parents’ income as well as consideration of the gravity of the condition needs of kids. In most cases, the non-custodial parent pays child support to their ex-spouse for the living expenses of the child.
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3. Legal Representation
- Importance of Divorce Attorney: The importance of a good divorce attorney if your divorce is contested. A qualified attorney can educate you on your rights, gather & present evidence, negotiate with your spouse’s attorney, and represent you in front of the court.
- Selecting the Appropriate Lawyer: When you are looking for the type of attorney that will handle your contested divorce, keep in mind their experience with Montgomery contested divorces, whether they know about local laws and courts, and how well they deal with issues like custody disputes or property division.
4. Court Procedures
- Filing for Divorce: A contested divorce is started when one spouse (the petitioner) files a complaint for divorce with the local circuit court. The other party (the respondent) must then answer, and each side will argue their case with evidence and witness testimony.
- Discovery Process: The discovery process is essentially each side collecting information and evidence from one another. This can be financial records, witness accounts, and other pieces of relevant information. Both sides use discovery to learn about the full extent of the issues and prepare for trial.
- Settlement Negotiations: Most contested divorces will settle before a trial is necessary. Reaching an agreement on contested issues through mediation is one method, as it can help save time and preserve emotional energy by avoiding a court battle.
To safeguard your interests and get a just result in a contentious divorce, you must be aware of your rights. You can handle a contentious divorce in Montgomery with more assurance and clarity if you are aware of the legal procedure, property distribution, child custody, alimony, and the value of legal counsel. Speak with a knowledgeable family law lawyer who can help you navigate the intricacies of your case and fight for your rights if you are going through a disputed divorce.
