How To Prepare For A Contested Divorce In Alabama

What Is The Legal Definition Of A Contested Divorce In Alabama?

A contested divorce in Alabama is not explicitly defined by law but generally occurs when the parties do not agree on one or more issues, leading to litigation. Disagreements can arise over:

• Grounds for the divorce
• Division of property
• Child custody
• Alimony
• Other related matters

Alabama grants divorces based on incompatibility of temperament, meaning the state no longer requires a specific cause for divorce. Incompatibility is usually not contested by either party. The courts favor settlements and encourage the parties to resolve issues among themselves rather than through litigation. Judges typically do not want to hear detailed disputes about minor issues and instead promote settlement through mediation.

Mediation involves a third-party mediator who acts as a referee and go-between, helping the parties reach a settlement. Mediators are knowledgeable about local judges and the law and provide valuable assistance, although their services come at a cost.

What Are The First Steps To Take When Preparing For A Contested Divorce?

Preparing for a contested divorce involves several critical steps to ensure your safety, secure your property and finances, and protect the well-being of any children caught in the middle. While each case is unique, there are nonetheless common steps:

File A Complaint

• The first step is to file a divorce complaint and have it served on the other party. This can be challenging if the other person is trying to avoid being served, known as dodging service.
• You can make use of various legal avenues as recourse to address this if necessary.

Seek Safety

• Make sure you are in a safe environment. If necessary, have plans for where to go if you need to leave your family home.
• Protect your safety and the safety of your children.

Secure Personal Property And Finances

• Gather your personal property, especially items that are not being disputed, to ensure you have control over them.
• Make sure you have free and reliable access to your finances since you will need money throughout the divorce process.

Ensure Your Children’s Safety And Well-being

• Shield your children from the divorce proceedings as much as possible to minimize the emotional burden they’d be subject to.
• Ensure their safety. If you believe your spouse is a danger to them or to you, take appropriate precautions.

Consider Filing For Protection

• If you feel threatened by your spouse, consider filing for protection from abuse. This legal document restricts the spouse from contacting you and often requires them to leave your home.

Milton Yarbrough, a seasoned attorney with nearly three decades of experience, guides individuals through the complexities of contested divorces in Alabama. Having assisted countless clients facing family law issues like contested divorces, Yarbrough combines his knowledge and experience with empathetic understanding to provide effective legal representation. With a focus on solutions and a commitment to achieving the best possible outcome for his clients, Yarbrough navigates emotional challenges with a balanced approach, ensuring that his clients receive dedicated advocacy while maintaining professional boundaries.

Have questions that need answering or looking to partner with a family law attorney now?
Contact Yarbrough Law Firm today to schedule a consultation.

What Are The Common Mistakes To Avoid When Preparing For A Contested Divorce?

When preparing for a contested divorce, you’ll likely find it incredibly challenging to navigate the emotional and logistical challenges you’ll face. But it’s nevertheless vital you avoid some common mistakes so many people fall into.

Maintain Proper Conduct

Understand that this period may very well be the worst time of your life. Despite this, the court is keenly observing your behavior. Avoid resorting to any form of violence, irrational actions, or behavior that may reflect negatively on you. Conduct yourself appropriately despite the emotional turmoil you’re suffering. Strive to compartmentalize your emotions and work within the legal system, as difficult as doing so may be.

Organize Personal Assets And Planning

Ensure you have all your personal assets in order. Plan for both the immediate and long-term future. In addition to this, have a strategy for your survival in the meantime, including managing bills you have to pay and other living expenses insofar as is possible.

Secure A Pendente Lite Order

If necessary, get a pendente lite order from the court. This temporary order can help with paying bills, child custody, visitation, and child support to manage your finances and responsibilities during the divorce process. Understand that splitting a household often means splitting the income of those that make up the household, so you’ll need to address this promptly to avoid financial difficulties that so often ensnare others.

Know Where Your Spouse Is

Keep track of where your spouse is to ensure that you can serve them with divorce papers. Failure to do so can significantly delay the process. Avoid losing contact with your spouse, as this can dramatically complicate divorce proceedings, especially if they move to another state.

Understand Legal Responsibilities And Presumptions

Be aware of other things that might not currently be on your radar at all. For example, if your spouse becomes pregnant during the marriage, you may be presumed the legal father and held financially responsible, even if you are not the biological parent.

How Can I Communicate Effectively With My Spouse During A Contested Divorce?

Communicating through attorneys is the best way to allow proper documentation of what’s being asked and what’s being answered. It can also go far to remove the emotion from the process and tempt you to do something that isn’t ultimately in your best interest. Having a more professional and civil discourse will do a lot to facilitate a positive outcome for everyone involved.

If you are able to talk to your soon-to-be ex-spouse without getting into arguments, then doing so can be worthwhile. Remember that the ultimate goal is to settle your issues. Sometimes, directly talking to the other party can facilitate this. Other times, it can’t.

How Can I Gather Evidence To Support My Case In A Contested Divorce?

There are several key steps involved in gathering evidence that bolsters your side of the story, including the following:

Documentation

• Ensure you have access to all bank account statements and records.
• Gather your recent income tax returns and any relevant financial documents.
• Collect any other financial records that demonstrate your assets and liabilities.
• Secure copies of car titles, house deeds, and property deeds.
• Retrieve and secure your personal items, especially essential ones like vehicles.

Text Messages and Emails

• Ensure the sender is clearly identified using their legal name.
• Make sure the time and date are visible on all text messages and emails.
• Provide copies for the opposition, the court clerk, and the judge.

Medical and Children’s Records

• Get certified copies of medical records and children’s records, as they might be required in court.

Preparing Witnesses

• Identify and prepare your witnesses well in advance.
• Know what each witness will testify about.
• Subpoenas can compel witnesses to appear, but you need to take whatever action necessary to ensure your witnesses are personally committed to attending.

Legal Requirements

• Be aware of Alabama’s rules of evidence to ensure all your documents and evidence are admissible in court.
• Organize and store all documents in a safe and accessible place.
• Prepare multiple copies of all evidence for distribution as required by the court.

Consult A Lawyer

• Regularly consult with your lawyer to ensure you are gathering the right evidence and following proper procedures.
• Work with your lawyer to strategize the best way to present your evidence in court.

How Do You Navigate Through Your Clients’ Emotional Issues Without Letting It Affect You Personally?

When I handle cases for my clients, it can be easy to be so invested in their situation that I become bogged down by the emotional weight of it. Over the years, I’ve developed ways to manage cases without letting this affect me personally and without compromising my level of dedication to their success: I’ve struck a balance of professional detachment and empathetic understanding.

Professional Training And Experience

You want an experienced lawyer, much like you would when you need a doctor. With nearly three decades of experience, I have developed the ability to approach problems with a focus on solutions rather than becoming emotionally entangled in the situations my clients find themselves in. With the proper training that comes through experience like this, I can handle the technical aspects of a case effectively while maintaining professional boundaries.

Objective Outlook

Like a doctor, a lawyer should analyze the case objectively, focusing on the strengths and weaknesses without letting emotions cloud judgment. Their primary goal is to identify solutions and strategies to address the client’s issues effectively. I strive to do this in every case I handle.

A Balancing Act

While maintaining professional boundaries, it’s still obviously important I show I care about my clients’ cases and overall well-being. I make it a practice to openly discuss the strengths and weaknesses of their case. This helps manage expectations and keeps them informed without providing them with a false sense of hope.

Unwavering Advocacy

My commitment is to fight as hard as I can for my clients, representing their interests on every issue and aiming for the best possible outcome. Ensuring they understand that not every case results in a complete victory, my goal is to nonetheless achieve the most favorable result possible given the circumstances.

Playing The Long Game

Each case, whether it ends in the way I want, provides valuable lessons that enhance my ability to handle future cases with greater skill and detachment. Reflecting on past experiences helps in continuously improving my approach and maintaining a healthy balance between empathy and professionalism.

For more information on Preparing For A Contested Divorce In Alabama, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (256) 321-5176 today.