What Are Examples of How My Contested Divorce May Complicate the Proceedings?

Most divorce cases can be divided into one of two categories: an “uncontested” divorce, in which you and your spouse can agree on most major issues, and a “contested” divorce, in which you both can’t decide or argue about any of the major decisions that must be made.
Uncontested divorces can usually be filed and finalized in much less time and at a significantly lower cost, but in many cases, it just won’t work for the spouses involved.

Many critical decisions must be made in your divorce, such as child custody, child support, the designation of assets and liabilities, alimony, and much more. It doesn’t matter if it’s one major issue or all of them; if you and your spouse can’t agree, the court will consider your divorce “contested.”

The most significant difference between the two types of divorce is the legal process’s total cost and the time and detail needed to finalize your case. Most court costs may be the same in both types. Still, in a contested divorce, you must spend more on your lawyer’s fees and commonly expert witnesses such as accountants, financial consultants, property appraisers, and more.

In all states, judges usually require a specific “waiting period” before a divorce can be finalized. However, in a contested divorce, this period comes before all the critical issues are resolved to the court’s satisfaction, and your divorce can be finalized.

In most contested divorces, you will end up in divorce court, and at the trial, both you and your spouse’s lawyers will present your witnesses, have them cross-examined, and present closing arguments. Only then, after all the facts are made clear to the court, will the judge issue a final order mandating all the decisions, thus finalizing the divorce.

Contested divorce cases can be significantly more legally complex, so consulting your skilled, experienced, and thorough contested divorce lawyer is mandatory. This is the only way to know that your wishes and rights are fully protected.

How Can an Expert Witness Help Me in My Contested Divorce?

Finalizing your divorce will affect almost all your future life, such as who cares for your children, how much money you must live on, your living arrangements, and more. Therefore, your skilled and diligent divorce lawyer will always seek any opportunity to strengthen your case in a contested divorce. One highly effective means of doing this is using expert witnesses.

Your lawyer knows that your testimony and words are practical and powerful, but the words of a highly trained, skilled professional can significantly add to your credibility.

Let’s say you must evaluate your home’s value or determine your spouse’s mental state. Your word means a great deal, but the word of a professional real estate appraiser or psychologist can significantly enhance your case.

By using an expert witness to back up your testimony and wishes, you can build up your case substantially.

The type of expert witness needed, of course, depends on what facts you’re trying to clarify for the courts. However, some examples of who your lawyer may use are economists, psychologists and psychiatrists, accountants, pediatricians, and more.

A critical point note is that the primary goal of an expert witness is to bring substantial, additional unbiased perspectives to your case; however, at times, this legal tactic could backfire. Therefore, it’s critical that your experienced divorce lawyer is involved in the decision-making before using this legal tactic and will be prepared to fight back on your behalf if untrue accusations are made against you.

In What Issues In My Contested Divorce May an Expert Witness Help?

There are many areas of your divorce where an expert witness’s testimony could significantly enhance your views and wishes. For example, proving the possible abuse or drug use of your spouse, your spouse’s impact on the psychological well-being of your child, and, of course, property and asset division, and more.

For example, property and asset division can be a significant roadblock in almost all contested divorces.

One of the first things needed is to value assets such as your home, investment accounts, income, etc.

You must know that the court will divide all marital property using equitable division. The equitable division depends on your case’s actual facts and monetary evaluations. Before anything can be split, the courts must know the exact dollar value of what they are dividing.

Although you may feel that you know what these items are worth, the value of a professional appraisal on your home (and other property) by an experienced real estate appraiser will uphold your figures to the court and make it far easier to ensure you get the dollar amount you deserve.

This is only one example, but there are a myriad of others, and your experienced divorce lawyer’s advice and guidance in determining these facts or using an expert witness will prove invaluable.

How Does My Divorce Lawyer Help Me In a Contested Divorce?

There are numerous items your Alabama divorce lawyer will play a critical role in while finalizing a contested divorce.

There are also many more legal steps to navigate in contested divorces, and your lawyer’s guidance throughout each stage will be invaluable to your success.

For example, negotiating settlements, agreements, and familial issues is a large and challenging part of this process, and negotiation is one of the most valuable skills a lawyer possesses.

Always remember, when negotiations fail, and you and your spouse cannot agree on major points, then the judge will make the final decision based on the state laws; this is something most people never find acceptable.

Dealing with these emotional and highly contested issues will always lead to less desirable outcomes. Therefore, if facing a contested divorce situation, you must obtain skilled legal counsel immediately, preferably before responding officially to anything your spouse may have filed.

Your empathetic and well-versed contested divorce lawyer will never allow you to be caught off guard by any surprises down the line.

I Am Facing a Contested Divorce; How Should I Proceed?

All divorces are complicated and cause emotional pain and stress, but in a contested divorce, these negative issues are multiplied many times. When you and your spouse cannot agree on something critical (and sometimes even small, seemingly insignificant things), you must always have the valuable, professional legal help this matter deserves. Remember, your entire quality of life may be on the line, so you must have the best legal counsel available.

The empathetic and seasoned contested divorce professionals at the Rose Law Firm, LLC possess the resources and knowledge to litigate these exceedingly tricky cases. They will always protect your and your family’s interests, even if they must enlist outside help, such as expert witnesses.

Call them today at 205-858-9224 and obtain a free case evaluation so you’ll know all of your legal options and strategies available under Alabama law. They are among the few specialists on contested divorces in Alabama and have the knowledge and winning history you must have at this critical time.