Divorce may come in different forms, and one of them is a contested divorce. It is essential to understand what a contested divorce means, how it works, and why it is often a long and costly process.
What is a contested divorce?
Definition of a contested divorce
A contested divorce means that one spouse contests the divorce in court, and the other spouse files for a divorce via the courts. A contested divorce means that the parties cannot agree on the terms of the divorce, and a judge will have to step in to reach a decision. In a contested divorce, both parties will have their own divorce attorney representing them in court.
What makes a divorce contested?
A contested divorce may happen if the parties cannot come to an agreement on issues such as child support, spousal support, property division, and custody. These issues can be emotionally charged, and the parties may not agree on how to handle them. In some cases, the parties cannot reach an agreement because of emotional or other personal reasons. Some spouses may contest a divorce for financial gain or revenge.
What are the common factors causing a contested divorce?
The most common issues that can cause a contested divorce include adultery, domestic abuse, substance abuse, financial disputes, and differences in parenting styles. Infidelity is one of the most common reasons for a contested divorce, and it can lead to resentment, anger, and mistrust between the parties. Domestic abuse is another reason for contested divorce and can make it difficult for both parties to come to an agreement. Substance abuse can also be a factor, especially if one spouse has a problem with drugs or alcohol. Financial disputes and differences in parenting styles can also lead to contested divorce.
How does the contested divorce process work?
Process for a contested divorce
The contested divorce process begins when one spouse files a divorce petition and serves the other spouse with divorce papers. Once the divorce papers are served, the other spouse has a certain amount of time to respond. If the other spouse contests the divorce, the parties will usually attend a pre-trial hearing to set the stage for the divorce proceedings. After the pre-trial hearing, the parties will attend a series of hearings, depositions, and possibly mediation sessions to try to reach an agreement on the terms of the divorce. If the parties cannot reach an agreement, then a judge will issue a decision based on the evidence presented in court.
What is the difference between a contested and an uncontested divorce?
The main difference between a contested and an uncontested divorce is that in an uncontested divorce, the parties can reach an agreement without going to court. The parties can work together to create a divorce settlement agreement, which outlines the terms of the divorce. The parties may go through mediation to reach a mutual agreement, but they will not go to trial. An uncontested divorce is usually faster and less expensive than a contested divorce.
Which steps should a person follow when seeking a contested divorce?
If you are seeking a contested divorce, you should first hire an experienced divorce attorney. Your attorney will help you file a divorce petition and prepare for the pre-trial hearing. You should also gather all the necessary documents, such as financial records, property deeds, and custody agreements. It is important to be honest with your attorney and provide all relevant information regarding the marriage.
What are the steps to contest a divorce?
How can someone contest a divorce?
If a spouse contests the divorce, they can do so by filing a response with the court indicating that they do not agree with the divorce. The spouse may also file a counter-petition, which outlines their own terms for the divorce. Once the other spouse contests the divorce, the parties will attend a series of hearings, and possibly mediation sessions, to try to reach an agreement on the terms of the divorce. If the parties cannot reach an agreement, then a judge will issue a decision based on the evidence presented in court.
What does a spouse need to do to contest a divorce?
To contest a divorce, a spouse needs to file a response with the court indicating that they do not agree with the divorce. The spouse may also file a counter-petition, which outlines their own terms for the divorce.
Why would someone contest the divorce?
There are many reasons why someone would contest a divorce, including financial gain, anger, resentment, or simply to prolong the divorce process as a form of revenge. Spouses may also contest a divorce because they believe that they deserve a better settlement or because they do not want to lose their assets or custody of their children.
How to choose a contested divorce attorney?
What role does a divorce attorney play in a contested divorce?
A divorce attorney plays a crucial role in a contested divorce. They represent one spouse and work to protect their client’s interests throughout divorce proceedings. Attorneys will help their clients gather evidence, negotiate the terms of the divorce settlement, and argue their case in court.
Why is it important to choose an experienced divorce attorney?
It is essential to choose an experienced divorce attorney for a contested divorce because they will have a deeper understanding of divorce law, the divorce process, and how to navigate the court system. They will also have the necessary negotiation skills to reach an agreement on complicated issues such as property division and child custody.
What qualities should someone look for when selecting a divorce attorney for a contested divorce?
When selecting a divorce attorney, look for someone who has experience handling contested divorce cases, excellent negotiation skills, and a good reputation in the legal community. They should also be compassionate and empathetic to your situation and be willing to work with you to achieve your goals.
What are the average costs of a contested divorce?
How much does a contested divorce cost?
The cost of a contested divorce can vary widely, depending on the complexity of the case and the length of time it takes to reach a settlement. Some contested divorce cases can cost tens of thousands of dollars, while others may cost less. On average, a contested divorce can cost between $15,000 and $30,000 or more.
What factors influence the costs of a contested divorce?
The factors that can influence the cost of a contested divorce include the complexity of the case, the hourly rate of the attorney, the number of hearings required, and any other expenses associated with the case, such as expert witness fees, court reporter fees, and filing fees.
Are there ways to avoid the high costs of a contested divorce?
Yes, there are ways to avoid the high costs of a contested divorce, such as mediation or working with a divorce attorney who offers a fixed rate for their services. Mediation is an alternative dispute resolution process that involves a neutral third party who works with the parties to resolve their differences and reach an agreement outside of court. Mediation is often less expensive and time-consuming than a contested divorce trial.
