A contested divorce occurs when one or both spouses cannot agree on key terms related to their separation, such as the property division, child custody, alimony, or other matters. Unlike a mutual divorce, which is usually resolved amicably and quickly, a contested divorce can be lengthy, complex, and emotionally draining.
At Divorce Lawyer, we understand the challenges of contested divorces and are committed to providing you with expert legal representation to protect your rights and interests throughout the legal process.
In a contested divorce, the spouses are unable to reach an agreement on one or more critical issues. This disagreement leads to the involvement of the court, which will ultimately make decisions based on the evidence and arguments presented by both parties. The court's decisions can have long-lasting implications for both spouses and any children involved, making it crucial to hire lawyers with experience in this field.
Several key issues often arise in contested divorce cases
One of the most contentious aspects of a contested divorce is determining child custody and visitation rights. The court's primary consideration is the best interests of the child, which may result in various custody arrangements, including sole custody, joint custody, or specific visitation schedules for the non-custodial parent.
Another major point of contention is the division of marital assets. This includes real estate, financial accounts, investments, and personal property acquired during the marriage. The court aims to divide assets equitably, but this doesn't always mean a 50/50 split; factors such as the length of the marriage and the contributions of each spouse may influence the final decision.
Disputes over alimony, or spousal support, are common in contested divorces. The court considers factors such as the financial needs of the requesting spouse, the ability of the other spouse to pay, and the standard of living established during the marriage when determining alimony payments.
Determining the appropriate amount of child support is another key issue. The court will consider the financial circumstances of both parents, the needs of the child, and any existing custody arrangements to establish a fair amount.
The process can be both time-consuming and costly, often lasting months or even years, and involves several key steps:
The process begins when one spouse files a divorce petition, outlining the grounds for divorce and the relief sought, such as custody, alimony, or property division.
The other spouse has the opportunity of responding to the petition and may file a counterpetition, raising additional issues or disputes.
Both parties engage in the discovery process, where they exchange information and documents relevant to the case. Attorneys work with their clients to gather evidence, which may include financial records, property valuations, and evidence related to child custody or other matters.
Before going to trial, the court may encourage or require the parties to attempt to resolve their disputes through negotiation or mediation. While this can sometimes lead to a settlement, in contested cases, it often does not fully resolve all issues.
If the parties cannot reach an agreement, the case proceeds to court hearings. Each spouse's legal teams present their evidence and arguments to the court, and witnesses may be called to testify. Parties must often appear in court multiple times, requiring time away from work and family.
After considering all the evidence and applying relevant laws, the judge issues a final ruling, which legally dissolves the marriage and sets the terms for issues such as custody, property division, and alimony.
Contested divorces involving issues like cruelty, adultery, or desertion can be emotionally and financially draining, but having the right legal team on your side can make all the difference.
Our team of skilled divorce attorneys has extensive experience handling contested divorce cases, ensuring that your rights and interests are fully protected throughout the process.
We develop a tailored legal strategy for each client, taking into account the unique circumstances of your case and working to achieve the best possible outcome.
We understand the emotional toll that a contested divorce can take and provide compassionate support to help you navigate this challenging time.
In court, we are strong advocates for our clients, presenting compelling evidence and arguments to support your position on key issues such as custody, alimony, and property division.
If you need assistance with Contested Divorce matters, Divorce Lawyer is here to help. Contact us today to schedule a consultation and learn how we can support you in achieving a fair and positive outcome for your family.
Contact Us