While divorce is not ideal in any marriage when it happens the best you can hope for is a peaceful divorce with no contest. However, many couples are hurt and angry, making it hard to come to an agreement regarding what to do with assets. Just like in a custody battle, a contested divorce is best resolved by a court mediator. If mediation is not successful, then the next step would take it to a court judge. Here are steps to make a contested divorce go smoothly, or as smoothly as possible in these unfortunate circumstances.
Gather your supporting documentation and prepare your fees. You are going to have to do some homework here. Take an inventory of your assets, debts, and income. You will need all of this for the next step. Keep everything in a journal to save time and money when your attorney is researching and representing your case. Unless there is a major child custody issue or a lot of money was spent on something such as an affair or gambling habit, keep other expenses brief. Proof of extraordinary expenses on the other party’s end due to something such as the aforementioned example can help you get more. If there are no extenuating circumstances, most states are considered “no-fault”, meaning any extra time spent convincing the attorney that the divorce was not your fault is unnecessary. You are also going to want to prepare for the costs. An uncontested divorce is much cheaper, while the fees for a contested divorce can range anywhere from $2,000-$5,000 according to one divorce lawyer Huntsville AL. You often need to pay a retainer and the lawyer can give you a good estimate of what it is going to cost when it’s all said and done, including serving, petitioning, and court fees.
Hire an attorney. Do your homework and hire a reputable attorney. Many offer a free consultation, so you can shop around and find one that you feel comfortable with. Ask your friends for recommendations or “interview” attorneys until you find a good fit. Make sure the lawyer is easily accessible, as you don’t want to spend a large chunk of valuable time playing phone tag or not having proper communication during this stressful time. Come to the meeting prepared with a list of questions to save time and hassle. Your lawyer is there to help and make the process the least painful possible.
Hope for the best, prepare for the worst. The best-case scenario is you serve the divorce petition, they respond back, and you mediate/negotiate to an amicable agreement. Be prepared to negotiate, or it can become a long, drawn-out process. If you have to go to court, the judge will cross-examine both parties and make a ruling. If you don’t agree with the ruling, you typically have 30 days to file an appeal, another few months to gather supporting documentation and submit it to the courts, and another 30 days for the other party to respond to your petition.
Divorce is messy and not every divorce proceeding goes smoothly. Make sure you don’t go off of friends’ or family’s horror stories and keep your emotions out of the process as much as possible. Many people seek therapy to deal with the emotional and lifestyle ramifications that come with divorce.
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