Contested Divorce
Contested Divorce
“Contested divorce” is where the spouses can’t agree on their divorce issues, and they end up in court, asking a judge to make these decisions for them. Whether it’s one or all issues, if you disagree on anything, the court considers your divorce “contested.” With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
prepare, file, and serve (deliver) the divorce petition (legal paperwork
asking for the divorce and stating the grounds for the breakdown of the
marriage)
● respond to the petition
● interview and hire an attorney
● engage in “divorce discovery” – the information gathering process,
which involves various legal procedures to get information from your
spouse and third-party witnesses (e.g., written questions, subpoenas,
and depositions)
● pre-trial legal motions and hearings
● settlement proposals and negotiations between attorneys
● if settlement fails, prepare for trial
● complete a court trial, and
● file an appeal, if you dispute the trial judge’s decision(s).
- Contested divorce refers to a situation where the spouses cannot reach an agreement on one or more key issues related to their divorce, such as division of assets, child custody, alimony (spousal support), or any other relevant matters. Here are some key points to understand about contested divorces: