Contested Divorce

While an uncontested divorce is relatively simple, a contested divorce is much more involved. A contested divorce can mean one of two things; that the divorce itself is being contested or that both parties cannot reach an agreement on key issues.

Whether the divorce is contested or uncontested, a divorce petition must be filed in order to initiate the proceedings. This petition is written by one spouse (known as the petitioner) and served to the other spouse. If important issues are being contested, one of the attorneys may request a hearing. This request may be made when the divorce petition is filed or at a later time.

Because contested divorces may take months (or longer) to become final, the attorney may request a hearing to set up temporary orders. These orders establish who will care for the children, who will pay the bills, and who will maintain the property. They remain in effect until the end of the divorce.

Both parties can come to the hearing with an agreement already worked out, or the court may establish the temporary orders. During the hearing, each side can present evidence to help the court decide how to rule on the matters at hand. Again, these orders remain in effect until the divorce is final or either party files to modify the agreement.

Like any court proceeding, each party’s attorney may request discovery from the other side. This includes evidence such as pay stubs, property deeds or titles, credit card bills, and witness lists—basically anything that relates to custody, visitation, and financial issues.

During the divorce process, the court may order each party to attend custody counseling or divorce mediation in order to reduce the stress on the children and ease the divorce process.

At the final divorce hearing, each side will present evidence before the judge. This may include financial records, medical reports, and testimony from both spouses and witnesses. The evidence helps the judge make a fair decision regarding child custody, child support, and the division of assets and debts.

If the case is complicated, the judge may take some time before making a final ruling; in cases that are straightforward, the judge may make a ruling from the bench. After the judge’s decision has been made and the divorce decree has been entered, the divorce is considered final.

Dealing with a contested divorce can be an emotionally draining and time-consuming experience. It is important to hire an experienced divorce lawyer to help you navigate this complicated process. For advice regarding your contested divorce, contact a local divorce lawyer today.