
Contested Divorce Lawyers & Divorce Attorneys
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Contested Divorce Attorneys
If you need a divorce, but you and your spouse cannot come to an agreement, then you need to hire an experienced Alabama divorce lawyer to file your contested divorce. A contested divorce is simply any divorce that is filed without an agreement already being reached by the spouses. Filing for divorce is a way to work through the process in an orderly manner that is supervised by the court system. The court will not allow your spouse to harass you or hide from the process and getting it filed usually results in an agreement being reached by the parties at some point. In rare cases, no agreement can be reached and at some point a trial is necessary. If you need a divorce attorney in Birmingham, Montgomery, Prattville, Calera, Pelham, Alabaster, Jasper, Cullman, Gardendale, Bessemer, Madison, Huntsville, Decatur, Athens, Gadsden, Anniston, Leeds, Moody, Talladega, or anywhere else in Central or Northern Alabama then call us today to speak with our local contested divorce lawyer.
A contested divorce begins with the filing of a Complaint for Divorce. This document is filed with the appropriate court, initiating the divorce action. At this point, your divorce will be assigned a case number and a judge. The Complaint usually alleges that there has been an irretrievable breakdown in the marriage, and it asks the court to grant a divorce among other things. After this document is filed with the court, it will be delivered to your spouse via certified mail or process server.
The law gives your spouse thirty days from the time he or she is served with the Complaint to file an Answer. The Answer essentially denies everything in your Complaint. If your spouse ignores this thirty day deadline or refuses to respond, the law allows you to request a Default Judgment. However, if they file an Answer it will usually request many things that you will not want to agree to.
Once the Complaint and Answer are filed, your case enters the Discovery phase. Discovery is a legal means of gathering information from your spouse that will help us resolve your case. The information needed varies greatly depending on the specifics of your case. Normally, we will be seeking information on assets, debts, property, bank accounts, retirement accounts, and any other information relevant to what you are requesting in the divorce.
After all relevant information has been obtained, we work on getting a resolution to your case. The most amiable way to resolve it is of course by reaching a settlement agreement with your spouse. We work solely on your behalf to negotiate an agreement that is satisfactory to you. If your spouse is unwilling to cooperate, then we will request a trial date, and we will fight zealously to get you all that you deserve. Our divorce lawyer keep you fully informed about every aspect of your case and what you can expect, and we never make decisions about the settlement of your case without your consent and approval.
Due to the unpredictability of contested divorces, it is generally not possible to do these on a flat fee basis. A retainer will be charged, and the attorney will bill out of that retainer at an hourly rate. These up front retainer fees can be thousands of dollars depending on the law firm and many other variables. However, we try to keep the retainers as low as possible and are willing to work with you in most cases.
If you need a divorce lawyer in Anniston, Huntsville, Madison, Decatur, Gardendale, Cullman, Jasper, Tuscaloosa, Birmingham, Trussville, Pelham, Helena, Alabaster, Bessemer, Chelsea, Clanton, Calera, Prattville, Montgomery, Selma, Anniston, Talladega, Moody, Leeds, Pell City, or anywhere else in Central or Northern Alabama then we can meet in any of our nearby offices. We have offices in Madison County, Morgan County, Calhoun County, Autauga County, Montgomery County, Jefferson County, and Shelby County.
To begin this process, call our office for a phone consultation with our local divorce lawyer. On the phone, they can provide a quick telephone consultation and quote you a retainer fee the same day you call. You can also schedule an in-person appointment with the attorney in any of our offices. Call today to set up an appointment or for an in person or phone consultation with our Alabama divorce attorney.
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Divorce FAQs
It depends on which type of divorce you are doing. If you are pursuing an uncontested divorce (where you and your spouse have reached an agreement concerning all marital issues) then you can fill out our questionnaire... Read more
For a contested divorce, you will need to call and speak with one of our attorneys for a quote. However, we usually work with you to structure a low, flat fee instead of expensive retainers that are billed out of at an expensive hourly rate... Read more
As long as you or hour spouse is a resident of Alabama, then you can file here. To be a resident, you have to have resided in the State for at least six months prior to filing a case. If you both are residents of Alabama, then... Read more
An uncontested divorce is where both you and your spouse have reached an agreement about all of your marital issues such as custody, child support, division of property, and all other issues. If you have reached such an agreement... Read more
An uncontested divorce usually takes about one or two months after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on... Read more