Contested Divorce

The matter of whether or not a divorce is contested involves the terms of the divorce. When people in the legal field use the word “terms” in this context they are referring to the relevant details of the split that the couple must address. What are these details? Some of them are family issues, and some of them are financial. Clearly these are two of the most emotional topics there are so these discussions can get rather intense.

This is why the terms of a divorce are ofter worked out between the attorneys who represent the respective parties rather than the parties themselves. Though each attorney is going to vigorously advocate the interests of his or her respective client, they each understand how the courts in the state of Alabama function. The purpose of these negotiations is to reach an agreement that both parties are comfortable with, and since there are children involved there will always be an impetus toward serving their best interests.

The specific terms that must be discussed include the division of shared property and mutually assumed debt; the question of whether or not spousal support will be paid and if so, how much will be paid; child custody; child visitation; and child support.

Because of the fact that these issues are so sensitive and the couple involved have found it hard to get along you may think that a high percentage of divorces are contested. Fortunately, this is not the case at all. In nine out of ten cases the parties can reach mutually agreeable terms, and when they do everyone is a winner. When you avoid a contested divorce costs are minimized, hard feelings are largely avoided, and future interactions as parents of the same children are not nearly as strained as they would be after an acrimonious courtroom battle.

If you are going through a contested divorce the representation of an experienced Mobile AL family lawyer is an absolute must.