Alabama Contested Divorce: Process, Timeline, and What to Expect

A contested divorce in Alabama means you and your spouse disagree on at least one substantive issue — property division, custody, child support, or alimony. Disagreement on even one term changes the entire procedure. Instead of filing paperwork and waiting 30 days, you are looking at discovery, court hearings, and potentially a full trial.

The timeline stretches from 6 to 18 months, and highly contentious cases can take years.

What Makes a Divorce Contested

Any unresolved dispute makes the case contested. Common sticking points:

• Who gets the house or other major assets — Alabama uses equitable distribution, not 50/50, so the court divides property based on fairness, not equal splits
• Custody and visitation schedules — Alabama's 2026 joint custody presumption under the Best Interest of the Child Protection Act adds a new layer to custody disputes
• Child support calculations — disagreements over income, deductions, or whether to use the standard CS-42 or shared-custody CS-42-S worksheet
• Alimony — whether it should be awarded, how much, and for how long under the 2017 reforms that cap most awards

Contested vs. Uncontested: The Key Differences

The Contested Process Step by Step

Filing: The plaintiff files Form PS-08 (Complaint for Divorce) and pays the filing fee, just like an uncontested case.

Service: The defendant must be formally served via sheriff, certified mail, or private process server. The defendant then has 30 days to file a written answer with the court.

Discovery: Both sides exchange financial information, documents, and sworn statements. This includes interrogatories (written questions), requests for production of documents, and potentially depositions. Discovery is what drives up contested divorce costs.

Temporary orders: Either party can request a pendente lite hearing for temporary custody, child support, or spousal support while the case is pending. The judge issues orders that stay in effect until the final decree.

Mediation: Many Alabama Circuit Courts require or strongly encourage mediation before trial. A neutral mediator works with both parties to negotiate a settlement. If mediation succeeds, the case converts to uncontested.

Trial: If mediation fails, the case goes to trial. Both sides present evidence, call witnesses, and make arguments. The judge decides all disputed issues and enters a final decree.

Fault Grounds and Their Strategic Impact

In a contested case, the choice of grounds matters. Filing on fault grounds (adultery, abandonment, substance abuse) can influence:

• Property division: Under Alabama Code Section 30-2-52, a judge may consider spousal misconduct when dividing assets, potentially awarding a larger share to the injured party
• Alimony: A spouse who committed adultery is generally barred from receiving alimony under Section 30-2-52

No-fault grounds (incompatibility or irretrievable breakdown) are simpler to prove and avoid the burden of providing evidence of wrongdoing.

When to Consider Settlement

Most contested divorces settle before trial. The costs of litigation, emotional toll, and uncertainty of a judge's ruling push most couples to negotiate. Mediation costs $1,000 to $3,000 — a fraction of a full trial.

The Alabama Divorce Filing Process Guide covers the filing sequence, form requirements, and procedural rules for both contested and uncontested paths. Get the complete guide.

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