What Is a Contested Divorce?

A contested divorce is one in which:

• You do not know where your spouse lives, or
• Your spouse will not sign the divorce paperwork, or
• The parties cannot agree on all issues, including:
  • Alimony
  • Division of assets
  • Division of debts
  • Child custody
  • Child visitation
  • Child support

If you have children, you may use a child support calculator to get an estimate of how much child support could be ordered.

The Contested Divorce Process Overview

1. The required information is gathered from the party seeking the divorce.
   This includes name, address, date of birth, assets, debts, length of the marriage, and the grounds for divorce. Grounds may be fault-based or no-fault, such as domestic violence, adultery, incompatibility of temperament, or irretrievable breakdown of the marriage.
2. The attorney files a complaint with the court, which begins the divorce proceedings.
   The complaint sets forth requests for divorce, division of marital property, child custody, child support, and alimony, along with the grounds for divorce.
3. The complaint (and any discovery filed with it) is served on the non-filing party.
   Service may be completed by a private process server or sheriff. If the location of the non-filing party is unknown, service may be completed by publication in a newspaper after court approval.
4. After the complaint is filed, the judge issues a pretrial order.
   This order often includes a status quo provision, which prohibits either party from disposing of marital assets without court permission, except in the ordinary course of business. It also requires marital bills and debts to continue being paid as they were during the marriage and allows reasonable visitation with the children.
5. The non-filing spouse has a deadline to answer the complaint.
   If no discovery is filed with the complaint, the deadline is 30 days. If discovery is filed, the deadline is 45 days.
6. Temporary hearings may be required.
7. Each party conducts discovery.
   Discovery may include interrogatories, requests for production of documents, and depositions. Depositions involve sworn testimony taken before a court reporter and may be used at trial.
8. The parties must attend a parenting class.
9. The case is set for trial.
10. Some courts require mediation if the case is not resolved within a certain period.
    The parties may agree on a mediator, or the court may appoint one. Mediation costs are paid by the parties. If an agreement is reached, the necessary paperwork is filed with the court.
11. If the case proceeds to trial, both sides present evidence.
    Evidence may include testimony, documents, photographs, recordings, or other materials.
12. The judge issues a ruling after trial (the judgment of divorce).
    The judge makes final decisions regarding division of assets, custody, visitation, child support, and alimony. If the case is tried, the outcome may not fully satisfy either party.

How Long Does It Take?

A contested divorce requires significantly more work than an uncontested divorce. Interrogatories must be answered, documents exchanged, depositions may be taken, and mediation may occur. As a result, a contested divorce typically takes six months to a year to reach trial and receive a judgment of divorce. Depending on the facts of the case, it may take longer than a year.

How Much Does It Cost?

Divorce attorneys in Mobile, Alabama typically charge between $2,000 and $5,000 to get started on a contested divorce. This is why it is often advisable to attempt to resolve a divorce through the uncontested process whenever possible.