Steps to Contest a Divorce

Both spouses should know a few things before filing for a mutual consent divorce or contesting a contested divorce. Reading this article will clarify your thoughts about the time taken, cost, documents needed, etc., about this concern. However, if you already have an idea and want to know more about contested divorce cases in depth, then talking to a contested divorce lawyer Birmingham will serve your purpose.

Time taken

When it is a mutual contest divorce, you can get the divorce within six months. It comes with two clauses which being:

  • No petition can be filed during the first year of the marriage.
  • There shall be a gap of 180 days between the first and the second motions. 

However, the court decides whether to waive the cooling period or not. That takes almost 18-24 months to get a mutually contested divorce.

When you are contesting a divorce, the time is getting extended from somewhen between three to five years. It is because the partners contesting may not agree with the High or Supreme court and challenge the decision made.

Money involved

This matter is subjective; it varies from case to case, lawyer to lawyer, and state to state.

Documents required

Mutual consent divorce or a contest contested divorce, the party has to provide documents that are necessary for the process. The list of documents:

  • Earing the couple’s individual and professional details.
  • The address proves of the couple or husband and wife individually.
  • Pictures were taken of the marriage.
  • Details of the families of both husband and wife.
  • Any kind of evidence that will prove the couple has been living separately for a year or more.
  • Evidence showing that the couple has tried to reconcile (if any).
  • The IT statement of both the partners.
  • If the couple has any valuable assets together or individually.
  • The lawyer might ask you to present a few more documents depending on the need of the case.

Steps: contested divorce

  1. The husband or the wife has to file a petition
  2. After going through the petition, the court will issue a summons and wait for the party to reply.
  3. The court will ask for witness testimony and other evidence if the couple does not want reconciliation.
  4. The lawyer represents the matter in the courtroom.
  5. The final verdict is passed.

Ending note

This article will help you get the basic idea of the dynamic of a contested divorce. 

What is the definition of controversial?
In short, a divorced couple’s child custody, child support, contested divorces arise when there is conflict over issues such as alimony and division of marital property. Divorce may or may not involve spousal misrepresentation in states that allow no-fault divorce.

If you and your ex are getting divorced. Maybe you can hire a divorce attorney. This does not mean that your contentious case will end in divorce proceedings. Although most couples start with conflicts. But 95% of divorces are finally settled in court. An experienced divorce attorney can be a professional negotiator and share the goal of avoiding costs and frustration.

What is a conflict-free divorce?
In an uncontested divorce, both parties agree to the terms of the prenuptial agreement at the beginning of the divorce.

If there is no contest between you and your spouse, you do not need to hire an attorney. But if you have a few questions, you shouldn’t have too much trouble finding a family law firm to give you legal advice about alimony. Their hourly rate

In most states, it’s everything from filing for divorce to getting a divorce decree without going to court. Simply put, even if your marriage is over, you can go for a divorce without arguing. You do not need to fill out the divorce papers yourself.