When a marriage comes to an end, it can be a difficult and emotional time for both parties involved. While some couples are able to work together amicably to dissolve their marriage, others may find themselves in a contested divorce. In this article, we will define what a contested divorce is, and provide an overview of the legal process involved.
What is a Contested Divorce?
A contested divorce is one where the parties involved are unable to reach an agreement on the terms of their divorce. This means that there are unresolved issues, such as property division, child custody and support, and spousal support, that must be decided by a judge.
In a contested divorce, both parties will need to hire their own attorneys to represent them in court. The attorneys will work to protect their client’s interests and argue for the best possible outcome in terms of the unresolved issues.
Legal Process for Contested Divorces
The legal process for a contested divorce can vary depending on the state in which the divorce is taking place. However, there are some general steps that are common in most contested divorce cases.
Filing for Divorce
The first step in a contested divorce is for one party to file for divorce. The party that files is known as the petitioner, while the other party is the respondent. The petitioner will need to submit a petition to the court that outlines the grounds for divorce and any requests for relief, such as child custody or spousal support.
Response to Petition
After the petitioner has filed for divorce, the respondent will have a certain amount of time to file a response to the petition. This response will address the issues raised in the petition and may include counterclaims or requests for relief.
Discovery
Discovery is the process by which both parties gather information and evidence to support their case. This can include documents, depositions, and interrogatories. The goal of discovery is to ensure that both parties have a clear understanding of the issues involved in the case and are able to make informed decisions.
Negotiation
After discovery is complete, both parties will have a better understanding of the strengths and weaknesses of their case. This can make it easier to negotiate a settlement agreement that is acceptable to both parties. Negotiations can be conducted through informal discussions or through formal mediation sessions.
Trial
If negotiations fail, the case will go to trial. A judge will hear arguments from both sides and make a decision on any unresolved issues. The judge’s decision is final and binding.
Appeal
In some cases, it may be possible to appeal the judge’s decision. This can be a lengthy and expensive process, and appeals are generally only granted in cases where there has been a significant error in the trial process or a clear misunderstanding of the law.
Conclusion
A contested divorce can be a challenging and emotionally draining process for everyone involved. It is important to work with experienced attorneys who can guide you through the legal process and protect your rights. If you are facing a contested divorce, it is important to start the process as soon as possible to ensure that you have enough time to prepare your case and gather the necessary evidence. Remember, the goal of the legal process is to ensure that both parties are treated fairly and that the best possible outcome is achieved for everyone involved.
Family Law Notes 