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What Is Considered a Contested Matter?
Family law matters often involve emotionally charged decisions that can significantly impact the future of you and your family. It's common for many parties to pursue an uncontested resolution (i.e., a situation where both parties agree on key issues) since uncontested cases tend to be quicker, less expensive, and less stressful.
However, not every family law issue qualifies as an uncontested case in Alabama. Certain matters require careful court intervention, especially when they involve disagreements, legal challenges, or unique circumstances.
Understanding what is not considered an uncontested matter can help you set realistic expectations for resolving a family matter. At Jackie Brown, Attorney at Law, I strive to help you understand the differences between contested and uncontested cases to better enable you to manage these challenges more effectively.
In this blog, I will break down the types of family law matters that are typically contested in Alabama, explain why these issues often cannot be resolved without dispute, and discuss the advantages of working with a skilled family law attorney.
Uncontested vs. Contested Matters
In Alabama, an uncontested matter refers to a situation where the parties involved have reached an agreement on all material issues, thereby eliminating the need for court intervention. This can include matters such as divorce, child custody, child support, alimony, and property division when both spouses consent to the terms.
An uncontested case typically involves filing agreed-upon documents with the court and attending a minimal number of hearings, sometimes only a final approval hearing. These cases move quickly and minimize conflict.
A contested matter, on the other hand, occurs when the parties involved are unable to agree on one or more key issues. In this situation, the court will step in to hear evidence, listen to arguments, and issue orders to resolve the disputes. Contested matters are often more complicated, take longer to resolve, and incur higher legal costs.
Common Contested Family Law Issues in Alabama
There are several categories of family law matters that can frequently become contested in Alabama due to the sensitive nature of the issues or conflicting interests between the parties involved. Some of the most common types of contested family law matters are as follows.
Child Custody and Visitation Disputes
Child custody, especially during a divorce or separation, can often become a contentious issue when parents disagree about who should have physical custody (where the child resides) or legal custody (decision-making authority).
In custody disputes, the court will always prioritize the child’s best interests. Some factors that the courts will commonly consider include the child’s relationship with each parent, each parent’s ability to provide care, and any history of abuse or neglect.
Since custody affects a child’s daily life and emotional well-being, both parents are encouraged to discuss custody and visitation arrangements. However, these conflicts often require court hearings, custody evaluations, or potential third-party mediation.
Complicated Property and Debt Division
Alabama follows an equitable distribution law, which means marital property and debts are divided fairly, but not necessarily equally. These cases can easily become contested when couples can’t agree on what constitutes marital property or how their assets and debts should be divided. Complicated property disputes may involve:
Valuing business interests or professional practices
Dividing retirement accounts, pensions, or stock options
Determining the division of real estate with mortgages or liens
Addressing hidden or unreported assets or debts
These types of financial disputes often require specific legal investigation, including forensic accounting, expert testimony, and detailed court proceedings.
Alimony or Spousal Support Disagreements
Alimony, also known as spousal support, can sometimes be a source of contention following a divorce or separation. Alimony cases can be considered contested if one spouse requests support and the other spouse contests the eligibility, amount, or duration. To determine alimony in Alabama, the courts will typically consider factors such as:
The length of the marriage
The recipient’s needs and the payer’s ability to pay
The standard of living during the marriage
Contributions to the marriage (homemaking, child-rearing)
Each spouse’s age and health
If any of these factors are disputed by one spouse, the issue will typically proceed to court for mediated negotiation or a hearing, where the judge will make a determination based on the evidence presented.
Child Support Conflicts
According to the Alabama Administrative Office of Courts, child support is typically calculated based on established guidelines, which take into account each parent’s income and the child’s needs. However, disagreements can arise regarding income disclosure, one parent's deviation from the guidelines, or the enforcement of payments.
If both parents are unable to agree on a child support schedule, the court will determine the support amounts based on the provided evidence and enforce all applicable payment orders.
Domestic Violence and Protective Orders
If allegations of domestic violence or abuse arise during family law proceedings, the case will usually be considered contested. Protective orders and related family law issues often involve special procedures to provide strong evidence and establish protections to safeguard the victim and any at-risk dependents.
What Makes a Matter Contested?
The reasons these family law issues tend to be contested are varied and often involve significant emotional and financial stakes. Some of the primary reasons a case may be considered contested include the following.
Emotional stakes: Family law matters, especially those involving children, often trigger strong emotions. Parents naturally want what they believe is best for their children, which can make it difficult to reach a compromise.
Financial complications: Finances are one of the most contested issues in family matters. Whether you're dividing assets and debts or negotiating child or spousal support obligations, these cases may require detailed analysis and negotiation from a third party or the Alabama court.
Allegations of abuse or neglect: When safety concerns arise, such as allegations of domestic violence or abuse, the courts are required to carefully assess these claims, often through contested hearings.
Lack of communication or trust: Sometimes, the parties involved are unwilling or unable to communicate effectively, which can lead to disputes. When this occurs, third-party mediation or court hearings are commonly used to reach a resolution.
Legal and procedural requirements: Certain legal standards and documentation may require court scrutiny, which means they cannot be finalized without first undergoing a court hearing.
Potential Drawbacks of Contested Family Law Matters
Contested family law cases present a range of challenges that make them significantly more complicated to resolve than uncontested matters. Some of the primary drawbacks of contested family issues include the following.
Lengthy and costly proceedings: Contested cases often drag on for months or even years, involving multiple hearings, extensive discovery, and the involvement of expert witnesses. This drives up legal fees and court costs.
Increased stress and emotional strain: The adversarial nature of contested cases can cause high stress and emotional exhaustion for the parties involved.
Uncertainty of outcomes: Unlike uncontested cases, where individual parties control the result, judges are responsible for making decisions in contested matters, which can lead to undue uncertainty.
Impact on children: Ongoing conflict during a family matter can affect your children’s emotional well-being and development.
How a Family Law Attorney Can Help with Contested Family Matters
Since contested family law matters often present significant challenges, it's important to work with a qualified family law attorney. At Jackie Brown, Attorney at Law, some of the ways I can assist my clients include the following:
Explaining your rights and options clearly: I can help educate you about Alabama family law, the possible outcomes for your case, and the strategies I can use.
Managing the legal process: I will strive to handle the procedural requirements, deadlines, filings, and court appearances so you can focus on your personal life.
Gathering and presenting evidence: I will collect all relevant financial records, custody evaluations, and other evidence necessary to support your position.
Negotiating settlements: Even in contested cases, I can serve as a resource to help negotiate settlements to avoid prolonged litigation.
Providing objective advice and emotional support: As a family law attorney, I aim to provide the guidance you need to help you navigate the emotional turmoil of contested proceedings.
The Benefits of Resolving Family Law Matters Amicably
Saves time and money
Reduces emotional stress
Maintains better co-parenting relationships
Provides more control over outcomes
An experienced family law attorney often encourages settlement discussions or mediation before trial.
Reach Out to an Experienced Family Law Attorney Today
Not every family law case can be uncontested, so it's important to understand the factors and challenges that could lead to a contested case. If you or someone you know is facing a contested family matter, reach out to me at Jackie Brown, Attorney at Law, today. Located in Mobile, Alabama, I serve clients in the surrounding areas. Contact me today to schedule an initial consultation.