what is contested divorce

what is contested divorce

1 year ago 59
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A contested divorce is a type of divorce where one party sues the other, and the parties are unable to negotiate settlement terms on their own or with the help of a mediator, and as a result, must have a judge resolve the issues through divorce litigation. In a contested divorce, the couple is unable to agree on some or all of the decisions needed to end their marriage, and the case is filed in court, and both spouses usually hire attorneys. The attorneys spend months negotiating and collecting evidence, and numerous court appearances are held. Eventually, the case gets scheduled for a trial, which may take several days spread out over several weeks. The judge then makes the final decisions about every issue involved in the divorce. The issues that are commonly at the heart of the disagreements include child custody, division of property, debt allocation, and alimony. A contested divorce is more complicated than an uncontested divorce, and it is always best to have an attorney assist you with a contested divorce. The process of a contested divorce typically follows these steps:

  • One party files for divorce.
  • The other party responds.
  • Discovery process begins.
  • Negotiations and settlement discussions.
  • Trial.

Contested divorce can take several months or even a year or more, and the couple is subject to the court schedule, and there is a lot to cover, including minute financial details of income and property. Issues around children, of course, are emotional and stressful and do not lend themselves to quick resolution when parties don’t agree. Due to the high cost of a trial, all divorcing couples should try to resolve their conflicts through negotiation, if possible. Although most high-conflict cases start out with litigation, most of them can be resolved through skillful negotiation once the discovery process is complete, as long as the parties and their divorce attorneys are.

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