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Contested Divorce

A Contested Divorce: Finding Your Way Out

by Admin

Divorce can be difficult and painful, no matter the circumstances. You have to navigate a complicated legal process in addition to emotional and financial challenges, and child custody. Divorce can be contested or uncontested, with the former being discussed further. 

Birmingham divorce attorney will help you with all the legal proceedings associated with a contested divorce.

What does contested divorce mean?

A contested divorce is a type of divorce when either party/spouse is unwilling to separate or does not provide mutual consent. In case of a contested divorce, there are certain grounds on the basis on which a petition for divorce can be made before the court. 

What is the basis for a contested divorce?

The court can grant you a contested divorce on the basis of the following criteria:


  • This could be in the form of physical or mental cruelty. 
  • If either the spouse is likely to be harmful, then there is sufficient grounds for obtaining divorce due to cruelty. 


  • Adultery means consensual sexual intercourse outside of marriage is liable to be charged with a criminal offense. 


  • One spouse deserting the other without reasonable cause can be contested for divorce.

Mental disorder

  • If either spouse is incapable of performing the normal duties required for a healthy marriage due to any mental illness, divorce may be sought by the other spouse.

Communicable disease

  • Due to the presence of any communicable disease in either spouse, fearing a risk to life, the other spouse can file for a divorce.

Presumption of death

  • If the spouse has not heard or seen of to be alive for a prolonged period of time, then the other spouse can file for a divorce.

What are the alternatives to a contested divorce?

You can avoid a contested divorce through the following alternative options:

  • Uncontested divorce
      • A type of divorce where both parties agree on everything (they reach a settlement) or any party files for divorce and the second never responds to the divorce filing nor appears in court.
  • Mediation
      • Here there is a third-party mediator who helps resolve all the issues in the divorce so you can submit a settlement to the court.
  • Arbitration
      • This alternative helps by having a retired judge or prominent local divorce attorney hear both sides of the case and issue a final decision that is accepted. 
  • Collaborative divorce 
    • Involves hiring attorneys who agree to negotiate to an agreement and not to take the case to trial in court.

Whatever the process for a divorce may be, seek legal advice from expert professionals since you have all the right to free yourself from an unhappy marriage!

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