A contested divorce is what most people think of when they are contemplating a dissolution of marriage. This type of divorce proceeding begins with a Petition for Divorce being filed on behalf of one party. Once the petition is filed, the opposing party will be served and the process begins.
Once the process begins, your lawyer will file pleadings, motions and discovery on your behalf, once discovery has been conducted, a final hearing will be held before a judge and the judge will decide issues such as division of property, child custody and visitation, and child support.
There are two forms of contested divorces: fault based divorces and no fault based divorce. Under Alabama law, there are two no fault based grounds. Theses are known as Incompatibility and Irretrievable breakdown of the marriage. Alabama law recognizes eight fault-based grounds. These are physical and incurable incapacitation, adultery, abandonment, imprisonment, crimes against nature, habitual drunkenness or drug addiction, incurable insanity and pregnancy at the time of the marriage without the husband’s knowledge or agency.
If a spouse files a divorce petition alleging a fault-based ground, there are several defenses that may be raised. These defenses may be raised in the Answer to the Petitioner for divorce and supplemented by statutory law and legal arguments. The defenses available to a respondent include: confession and collusion, recrimination, condonation, connivance and insanity.
If you are considering a divorce, it is vital that you obtain sound legal advice regarding your options. At Skier & Associates, we can assist you in making these important decisions. Contact us today to schedule a consultation with one of our experienced, knowledgeable attorneys, who can advise you as to what the best options are for your situation.