Contesting a divorce means that one or both spouses disagree on one or more divorce-related issues in their case. A contested divorce is the most complicated type of divorce because it involves spouses who cant agree on one or more divorce-related issues in their case. If the spouses cant agree on their divorce issues, they end up in court, asking a judge to make these decisions for them. If either spouse disagrees with a contested issue, the mediator will send them back to the judge for resolution. During a contested divorce trial, both spouses present witnesses, and their lawyers cross-examine the witnesses and present evidence.
Contested divorces are more likely to be costly and time-consuming than uncontested divorces. Spouses going through a contested divorce are more likely to spend money on attorneys fees and expert witness fees than a couple that agrees on most divorce-related issues. The legal process of a contested divorce is more complicated and can take much longer to complete than an uncontested divorce.
If a couple cannot agree on the issues involved in the dissolution of their marriage, it becomes a contested divorce. The inability to agree is generally what leads to long, drawn-out divorce proceedings. A contested divorce can often lead to trial because the couple is incapable of coming to an agreement in mediation. If a trial proves necessary, the judge will use every resource to secure the most favorable outcome.
If a spouse contests the divorce by challenging claims made while filing, the other spouse should back up all claims with as much evidence as possible, whether it is financial documents, witness testimony, or photographs. If the spouse initiating the divorce files for divorce with the court and the other spouse contests the divorce petition, the filing spouse will get a default judgment of divorce if the other spouse does not contest the divorce within 20 days of being served the petition.
In summary, contesting a divorce means that one or both spouses disagree on one or more divorce-related issues in their case, leading to a more complicated and costly legal process. If the couple cannot come to an agreement, the case may go to trial, where the judge will make the final decision.