Contested Divorce means that you cannot agree on the dissolution of your marriage. This disagreement could be a dispute over property, custody, debt, or simply getting a divorce altogether. There are many issues to consider when you’re coming to an agreement with your spouse. Sometimes you need a little extra help from legal counsel to arrive at a resolution. Call a Birmingham Contested Divorce Attorney at Magic City Law today at 205-582-2832. You will learn what your rights are and how you can resolve these matters before things get too complicated.
At Magic City Law, LLC, our boutique law firm provides families with the support they need within their family unit during a contested divorce. We know how to help you inside and outside of litigation. We want to help do what is best for your family as an overall unit while your division is pending with you (and your children) at the forefront of each strategical move.
The legal process can be a stressful and scary time. Many important decisions must be made regarding finances and family structure during a contested divorce. At Magic City Law, LLC, we believe clients are more than their case file. We take the time to get to know our clients, their families and their goals, and counsel clients about all of their legal options.Together, we will find the best possible resolution of your family’s dispute. We spend each and every day helping Magic City families move forward.
The Contested Divorce Process
You’ve entered into the dark abyss of “going through a contested divorce.” You filed your complaint and you are ready to get this show on the road. A contested divorce has numerous factors to consider such as:
- Child Custody
- Pet Custody
- Child Support
- Alimony and Property Distribution
- Division of Business Entity Interests
- And many more issues that require the assistance of a team of skilled family law attorneys…
There are a few routes you can take in your contested divorce:
You need immediate action in regards to custody and/or monetary support. During a contested divorce, there are many issues that simply cannot wait for the final trial date, such as custody, support, and possession of the marital home. In these times, our contested divorce attorneys push forward for you. There are times when the immediate action is needed that we must file a Motion for Pendente Lite Relief. This is a Motion asking for a Hearing with the Court to temporarily settle some issues during case. After a Motion is filed, you wait for a Hearing date. This is not always immediate, but sometimes it is.
You two are okay living apart. The bills are getting paid. The two of you are able to schedule time with the children. The overall split appears to be going as well as could be. At this point in time, you merely need lawyers to help you two negotiate and work out a fair agreement because you aren’t sure what is fair. You aren’t sure what the paperwork needs to say. You don’t do this for a living, so you need someone who does.
During this time, this could take months or years if you can’t come to an agreement. If the two of you are in constant fights and arguments, the negotiation will continue until you are able to come to an agreement. If you can’t come to one, it might be best to seek the Court’s help. That’s why you wait until a settlement conference or mediation is scheduled. The thing is, if you aren’t asking for the Court’s immediate help, you’re merely outside of the Court’s eye. This could take a long time because you cannot force someone into an agreement when they simply do not want to agree.
This is why we utilize settlement conferences (informal- in our offices / formal- at the courthouse), mediation (a negotiation where there is a third party who facilitates the process), or simply letters & phone calls. Once again, remember: you cannot beat someone or starve someone into an agreement. If they will not agree, we cannot make them.
Discovery is a beast. It is expensive and time consuming, but it is a necessary evil. One of the big issues people have when they are going through a divorce is that they don’t know their spouse’s every secret. They may have thought they knew each other. Most of the time, they don’t know how much is in their retirement, their five savings accounts, or their hidden social media accounts. This is why discovery is important. Attorneys simply cannot advise you on a good settlement if the other party has a yacht hidden away. That’s why we look into the depths of their accounts (and their souls). We’re protecting you and ourselves. Discovery helps rid you of surprises for the trial.
Aggressive but Caring Trial Attorneys
If you cannot come to an agreement, it’s time to start putting together
exhibits, testimony, and searching for who you want in your battle. You come prepared with bank statements, photos, recordings, etc. and you learn the do’s and don’ts of testifying before the Judge. We’ll go more into detail on this later, but trial isn’t fun. It’s a long drawn out day where you are interviewed on your most intimate and tedious details. A contested divorce trial is a very serious and scary matter. During this time it is important to stay in contact with your contested divorce counsel and their employees. It is also important during this time that you find a good counselor to help you along the way.
Experienced and Effective Birmingham Contested Divorce Attorney
Contested divorces are ever changing and legally complex, and the assistance of a team of experienced and effective attorneys is necessary. Do not make the mistake of hiring an attorney that handles it all when you can hire a firm that focuses only on Family Law. If you are going through a contested divorce in Alabama or the Birmingham area, call a local Birmingham contested divorce attorney. At Magic City Law, you get both AshLeigh Meyer Dunham and April Hare DeLuca.