Contested Divorce LaywerContested Divorce Attorney | Birmingham, AL | The Yeatts Law Firm
Contested Divorce Attorney – Birmingham, AL
At The Yeatts Law Firm, we are always looking for ways to resolve family disputes outside of court. However, in situations where the parties are simply unable to reach an agreement, a contested divorce arises and the parties must look to the courts to resolve their dispute. Unfortunately, contested divorces are commonplace in light of the several issues that must be resolved during the divorce process. The most common issues that ultimately result in a contested divorce include:
If you are involved in a contested divorce, it is important that you consult an experienced divorce attorney who is comfortable in a litigation setting. Divorce attorney Patrick K. Yeatts has extensive trial experience in Alabama, especially in cases involving child custody disputes. Before founding The Yeatts Law Firm, attorney Patrick K. Yeatts worked in civil service and represented children who were removed from abusive homes or caught in the middle of custody battles. During that time, he appeared in Birmingham’s family court five days a week, gaining valuable trial experience, building strong relationships in the legal community and developing a keen understanding of the legal issues facing Alabama families. At The Yeatts Law Firm, we have the skill, experience and competence to handle your contested divorce. Contact The Yeatts Law Firm today.
Contact a Birmingham, AL Contested Divorce Attorney Today!
The Contested Divorce Process
Once the parties have reached an impasse in negotiating a settlement, the ligation process in a contested divorce begins. A contested divorce typically begins with the filing of pleadings whereby the parties will assert their respective claims and defenses. The pleadings serve to put the court and the parties on notice as to what each of their claims are. These claims include their respective grounds for divorce and requests for relief, including requests for custody, marital assets and financial support.
After each party has been served with the pleadings, it is common for spouses to seek temporary orders early on in the case relating to issues such as child custody, support and visitation. The temporary orders may pertain to the family’s finances to insure that the mortgage, utilities, insurance costs and car payments are not being neglected.
The parties then engage in the formal discovery process. During the discovery process, each spouse, through their attorney, will seek to discover and uncover as much information about the other side through the use of interrogatories, requests for documents and requests for admissions. It is also common for each spouse and other witnesses to submit to depositions. During a deposition, the witness is required to answer questions under oath. Depositions can take just a few hours or a full day.
After discovery is completed, your case will be set for trial before an Alabama domestic relations or family court judge. Sometimes that judge may order the parties to mediate their case in an effort to resolve their differences before the judge will take the time to hear the case. If the case is ordered to mediation, the parties, represented by their attorneys, will try settling the case one last time with the assistance of a third-party neutral or trained mediator.
If mediation is unsuccessful or is never ordered, the case will finally go to trial. The purpose of trial is to help the Judge understand the important facts of the case so they can make a final decision on any issues you cannot agree. The Judge learns these facts by listening to the spoken testimony of witnesses and by reviewing documents provided as evidence. After all of the witnesses have testified, each attorney will have the opportunity to make a final brief statement to the Judge. In this closing statement, the attorneys will summarize for the Judge the important facts that came out during the trial and explain why the Judge should rule a certain way based on these facts. The trial process can take anywhere from several hours up to multiple days. Ultimately, the judge will have the final decision as to all aspects of the divorce decree.
Contested divorces are inherently stressful, complicated and should only be undertaken with the assistance of a competent divorce attorney. If you are going through a contested divorce in Alabama or the Birmingham area, call Birmingham contested divorce attorney Patrick K. Yeatts and The Yeatts Law Firm. We can help.