Divorce Litigation in Huntsville, Alabama: What Divorcing Couples Should Know

The divorce process in Huntsville, Alabama is usually hard to navigate. It comes with complex procedures, legal jargon, and emotional challenges. With the assistance of a divorce attorney, you could end up getting less than you deserve. Thankfully, you do not need to go into the divorce process alone. The Harris Firm divorce attorney can help you overcome the challenges associated with the process.

Understanding Divorce Litigation

Divorce litigation in Alabama is a court process where a judge decides a marriage dissolution. The journey begins with a spouse filing a divorce petition in the proper jurisdiction. This spouse will be the plaintiff while the petition respondent is the defendant.

Once the complaint for divorce has been filed, the defendant has thirty days to respond to it. This results in the discovery stage where each part collects evidence to strengthen or support their position. If the parties fail to reach a settlement during or after the discovery process, a trial follows. In this case, a judge will hear both sides, assess the evidence presented, and issue a divorce decree.

Kinds of Divorce

In the state of Alabama, divorces fall into the following categories:

Uncontested divorce. This kind of divorce takes place if both spouses agree on all issues like property division, child support, alimony, and child custody. Often, this divorce is faster and more affordable because it does not necessitate a trial. Both parties create a settlement agreement with their attorneys’ help. Such agreement details their divorce’s terms and becomes a part of the divorce decree.
Contested divorce. This divorce occurs if the spouses can’t reach an agreement on at least one major issue and require a judge to decide for them. Typically, this type of divorce is more complicated and can take years to resolve.

Couples with a damaged marriage should explore other options to settle their disputes. They should try to do so amicably; instead of going through litigation. Also, they can divorce through mediation or collaborative divorce. But if disputes arise over alimony, child custody, or property division, litigation may be necessary.

How Long Does Divorce Litigation Take

The duration of a litigated divorce tends to vary and depends on factors like the complexity of related issues, why the spouses want a divorce, the amount of assets and property owned, as well as the willingness of both spouses to cooperate. Other factors that can affect the duration include the schedule of the court and the required time to collect and analyze evidence.