What happens at a Contested Divorce Trial?

Most people going through a divorce in Alabama hope to reach an agreement before ever setting foot in a courtroom. And in many cases, they do — through negotiation, mediation, or simply working things out with the help of attorneys on both sides. But when spouses genuinely cannot agree on one or more major issues, the case becomes contested, and the circuit court judge steps in to decide what the parties could not.

Understanding how a contested divorce trial actually works in Alabama — what happens before, during, and after — helps you go into the process with realistic expectations. This article walks through each stage of the contested divorce process, from filing the initial complaint through the entry of a final decree and what happens if you want to challenge or modify the outcome.

Which Court Handles Divorce in Alabama?

Divorces in Alabama are handled exclusively by the Circuit Courts — the state’s trial courts of general jurisdiction. Every county has a circuit court, and each has a Domestic Relations Division that handles divorce, child custody, child support, and related family law matters. The judge who presides over your divorce is a circuit judge, and there is no jury — the judge decides all contested issues, including property division, alimony, child custody, and child support.

Under Alabama law, you or your spouse must have resided in the state for at least six months before filing. When it comes to venue — which county to file in — Alabama law generally gives you three options: the county where the defendant (the non-filing spouse) resides; the county where you (the plaintiff) reside if the defendant is not an Alabama resident but consents to jurisdiction; or the county where the spouses last lived together as a married couple.

How a Contested Divorce Begins — Filing the Complaint

The divorce process starts when one spouse files a Complaint for Divorce in the appropriate circuit court. The spouse who files is the Plaintiff; the other spouse becomes the Defendant. The complaint is a formal legal document that sets out the basic facts of the marriage and what relief the plaintiff is requesting from the court.

To properly file a Complaint for Divorce in Alabama, you generally need to include the following:

• The full names, ages, and counties of residence for both spouses
• The date and place of the marriage and the date of separation
• The names and dates of birth of any minor children
• The grounds for divorce — no-fault or fault-based
• A general acknowledgment that the parties have marital assets and debts subject to division
• A request for the court to take jurisdiction and grant the requested relief

Once filed and served on the defendant spouse, the case is assigned a docket number and judge. Even in an uncontested divorce a complaint must be filed — the difference is that in an uncontested case both spouses have already agreed on all issues, so there are no hearings or trial. In a contested case, the filing of the complaint is just the beginning.

The Discovery Phase — Building Your Case Before Trial

After the complaint is served, the defendant has thirty days to file an Answer. Once the answer is filed, the case enters the Discovery phase — a formal process in which both parties gather evidence and information to support their positions at trial.

Discovery is often the most time-consuming part of a contested divorce in Alabama. It typically involves several tools:

• Interrogatories — Written questions the other party must answer under oath
• Requests for Production of Documents — Formal demands for financial records, bank statements, tax returns, retirement account statements, and other relevant documents
• Depositions — Sworn out-of-court testimony by a party or witness, with both attorneys present and a court reporter transcribing everything
• Subpoenas — Court orders requiring third parties such as employers or financial institutions to produce records or appear as witnesses
• Discovery Motions — Court filings used when a party fails to respond to discovery or disputes what must be disclosed

In cases involving significant assets or closely held businesses, discovery can also involve expert witnesses — such as forensic accountants or business valuators — who analyze financial records and offer opinions on the value of contested assets. The court sets a discovery cutoff and a trial date early in the case, giving both sides sufficient time to prepare.

What Happens at the Divorce Trial

If the parties have not reached a settlement by the trial date, the case proceeds to a contested hearing before the circuit judge. Here is what actually happens:

Presentation of Evidence. Both sides present evidence to support their positions — financial documents, property valuations, tax returns, photographs, text messages, and any other exhibits relevant to the contested issues. Evidence is formally introduced through witnesses who authenticate it for the record.

Witness Testimony. Both spouses can testify on their own behalf and call other witnesses. When your own attorney questions you, it is called direct examination. When the opposing attorney questions you, it is called cross-examination. Cross-examination can be used to challenge your credibility, test the accuracy of your statements, and present the other side’s version of disputed facts. Whether you should take the stand is a strategic decision that should always be made in close consultation with your attorney.

Fault Grounds. Alabama still allows fault-based divorce grounds under Alabama Code § 30-2-1, including adultery, abandonment, habitual substance abuse, and cruelty, among others. When fault is cited, the party making the allegation must produce evidence to support it at trial and the defending spouse has an opportunity to rebut it. Fault, if established, can affect the court’s rulings on property division and alimony.

The Judge’s Ruling. After both sides have presented their cases and made closing arguments, the judge issues a ruling. In some cases, the judge rules from the bench at the conclusion of the hearing. In others — particularly complex cases — the judge takes the matter under advisement and issues a written ruling later. The ruling addresses every contested issue: property division, alimony, child custody and visitation, and child support. Once signed by the judge, it becomes the Final Decree of Divorce — a binding court order both parties must follow.

After the Trial — Modifying or Challenging the Decree

Once the judge signs the Final Decree of Divorce, the divorce is legally finalized and both parties are bound by its terms. There are, however, limited circumstances in which the decree can be challenged or modified.

Either party may file a Motion to Alter, Amend, or Vacate the judge’s ruling within thirty days of the entry of the final decree. This motion asks the court to reconsider its ruling. If both spouses do not agree to the change, having such a motion granted is difficult — you are essentially asking the judge to reverse a decision they just made. These motions are most likely to succeed when there was a clear legal error, a factual mistake in the record, or newly discovered evidence that was unavailable at trial.

After the thirty-day window closes, certain provisions can still be modified down the road if circumstances change significantly. When the parties originally reached their own agreement on an issue, a later material change in circumstances gives them a reasonable basis to return to court and ask for an update. When a judge decided the issue at trial, modification is harder — you must show both a material change in circumstances since the original order and a compelling reason why the judge’s earlier decision should now change.

For custody modifications specifically, Alabama applies the demanding standard from Ex parte McLendon — requiring the requesting parent to show not only a material change in circumstances but that the proposed change will materially promote the child’s welfare, and that this benefit outweighs the disruption of changing an established custody arrangement. For child support modifications, Alabama requires a showing of a material change in circumstances such as a significant change in income, healthcare costs, or the custody arrangement itself.

Do Most Alabama Divorces Actually Go to Trial?

Most contested divorces in Alabama do not end up at trial. The majority of cases filed as contested eventually resolve through negotiation or mediation before the trial date arrives. Courts in many Alabama counties — including Jefferson, Madison, Montgomery, and Shelby — routinely order mediation in contested divorce cases, giving both parties a structured opportunity to resolve disputes with the help of a neutral third party before the case proceeds to a contested hearing.

That said, some cases genuinely cannot be resolved without a judge deciding the contested issues. When spouses have fundamentally different views on what is fair — or when one party is determined to litigate — the case goes to trial. Having an experienced Alabama family law attorney who knows the local court and how to build a persuasive case for the judge makes a real difference in the outcome.

If you are facing a contested divorce or are unsure whether your situation will become contested, call The Harris Firm LLC to discuss your options. We handle divorce cases throughout Alabama from our offices in Birmingham, Huntsville, Montgomery, and Chelsea. Call our Birmingham office at (205) 201-1789 or our Huntsville office at (256) 665-9473 to schedule a consultation.

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