When you and your spouse are on the same page that the marriage is not working anymore, getting divorced is the way forward. Alabama allows for both fault-based & no-fault divorces. However, the process is anything but simple, especially if spouses don’t agree to some of the critical issues. From child custody and child support to the distribution of assets, there could be multiple points of contention. Working with a divorce lawyer Huntsville can help exponentially in protecting your interests, although no one can guarantee an exact outcome.
If you are having a contested divorce, here are some mistakes worth knowing about.
- Trying the DIY way: Contested divorces are inherently complex and require extensive work. If you decide to move ahead without an attorney, you are certainly compromising on legal expertise. Whether you want to consider fighting it in court or wish to initiate a conversation with your spouse, you need an attorney to handle everything.
- Fabricating facts: Expectedly, you and your spouse have issues, but if you choose to overstate facts or fabricate stories to defame your spouse or present them in the wrong light, that would be a mistake. Remember that your divorce is a private matter, and whatever you do could impact the proceedings and overall relationships within the family.
- Hiding your assets: You don’t want to lose all you own in a bitter divorce, but hiding your assets and other investments could be a big misstep. At the least, your attorney should know the whole picture and everything that you own. Make sure to note down your financial situation and gather the necessary documents. The other party’s lawyer will make a discovery, which means your efforts are likely to be wasted.
- Not considering mediation: Whether you are trying to get favourable child custody arrangements or want to expedite the process, you have to think beyond litigation. Mediation is not just inexpensive but also allows you to have some authority on what happens eventually. If the judge decides everything, they will anyway not consider your interests but all facts and details.
- Violation of restraining orders: If your spouse has obtained a restraining order that prohibits you from contacting them or meeting the children privately, adhere to that. Violations could have severe consequences and would affect the overall outcome of the divorce proceedings.
Finally, remember that contested divorces can go on for months. Try to maintain the communication lines with your spouse, even if it is through your attorney.
