The term “contested divorce” is the term that is used to refer to a situation in which one or both spouses do not agree about how to resolve all of the issues that arise during the divorce process.
Examples of the most common issues that lead to disagreement between divorcing spouses include, but are not limited to:
- Child custody matters, such as whether or not the parents should have sole custody, split custody, or joint custody
- The amount and payment of child support
- The amount and payment of spousal support or alimony, if any
- The division of marital assets and marital debts
- This includes assets such as the marital home, vehicles, retirement accounts, bank accounts, and any other property that has value
- This also includes debts, such as vehicle loans, home loans, business loans, credit card debt, or personal loans
When the two parties in a divorce are unable to agree on any of the above issues, the court must ultimately step in to determine the contested issues. This means a trial of the issues must occur. This in turn costs time and money. The following article will explore how individuals may avoid or navigate a contested divorce.
What Is the Difference Between a Contested and Uncontested Divorce?
As can be seen from the discussion of contested divorce above, an uncontested divorce is a situation where both parties can reach an agreement regarding all of the issues that arise during a divorce.
In other words, when the two parties can reach an agreement on all of the above issues, the divorce will be considered uncontested. Then, if you and your spouse get along and are able to agree on the issues that need to be addressed in a divorce case, the divorce process will often take less time and cost less money.
The uncontested process is not always straightforward. In fact, in order to complete an uncontested divorce, each spouse will need to complete a few additional steps. First, the divorcing parties will first need to sign a written divorce settlement. Next, they will need to present that proposed order to the court for approval.
The two parties must also prepare other legal documents, such as documents concerning the legal transfer of property from one spouse to the other. Then, after all of the necessary documents are prepared, all of the documents can be presented to the court for their review and for the judge’s signature. The divorce process will then be finalized at a final hearing.
Although it isn’t required, many parties will choose to hire an attorney to help them properly draft the documents necessary to finalize the divorce. Attorneys can perform these tasks on a flat fee contract.
In other words, for one set price an attorney can draft the documents necessary to finalize an uncontested divorce and represent one party in presenting the agreed upon documents to the court for finalization.
Although an uncontested divorce is typically a less time intensive and expensive method for ending a marriage, there will still be divorce expenses, including:
- The filing fees necessary to initiate the divorce process, which is usually between $150 and $400, depending on your local court’s fees
- The costs necessary to serve the other party with the divorce paperwork, unless the other party signs a waiver of service
- The costs to hire an attorney on a flat fee basis to review the two spouses’ agreement and draft that agreement into a final order to submit to the court
What Are the Steps Involved in a Contested Divorce?
It is important to note that the divorce process varies by state. As such, the exact divorce process will depend on the laws of your state. The following is a discussion of the general steps that are involved in a contested divorce case.
File a Petition or Complaint for Divorce
In order to begin the divorce process, the first step is to file a divorce petition or complaint in the court in which you reside. It is important to note that a divorce petition or complaint may typically only be filed in the court in which an individual resides.
For example, if a couple was married in Las Vegas, but they live in a small town in North Dakota, then one party would need to initiate the process by filing the divorce petition in their small town in North Dakota. That divorce process will then serve to dissolve the marriage that occurred in Las Vegas.
If one of the parties leaves the marital residence and establishes a domicile in another location, that party may be able to initiate divorce proceedings by filing a divorce petition or complaint in their new domicile. Then, the other party would be forced to file an answer to the divorce petition in that other location.
Serve the Other Party
Unless the other party subject to the divorce waives the service of process upon them, the spouse that files the petition for divorce must serve the petition or complaint on the other party. Once again, the exact rules and process for perfecting service on the other party will be dependent on your state and local court’s civil rules and procedures.
In general, the party that initiates the divorce process will have a certain period of time to serve the other party. Then after that party has been served, they will have a short period of time in which they may file an answer. If the party that is served does not file an answer, then the party that initiated the process may move for a default judgment.
Preliminary Hearings
In contested divorce matters, there may be preliminary hearings where the court may issue temporary orders. Temporary orders are orders issued by a court that outline the obligations of each party during the divorce proceeding.
For example, temporary orders may include orders for the possession of the marital home, child temporary support, temporary spousal support, and child custody during the pendency of the divorce proceedings. Other preliminary hearings may involve discovery matters.
Discovery
Discovery is a legal term that is used to describe the process in which both parties gather information about the other party involved in the divorce proceeding. The following is a common list of discovery requested in a contested divorce matter:
- Disclosures: Once a party has initiated divorce proceedings, both parties subject to the divorce are required to disclose certain information regarding their assets, liabilities, income, and expenses to the other party
- Interrogatories: Interrogatories are a list of questions that one party may send to the other party and require them to answer under oath
- Requests for Admissions: Requests for admissions are a list of yes or no questions that one party may send to the other party to have them admit or deny certain issues of the divorce case
- Requests for Production: Requests for production allow one party to request certain items be produced or made available to the other party in addition to the initial disclosures
The Litigation Process
The final part of a contested divorce is the actual litigation step. In other words, if the two contested parties are not able to resolve their disputes prior to a final hearing, then the two parties will present the contested issues to a judge or jury for a ruling on the contested issues.
After both sides have presented their case to the judge or jury, the judge or jury will make a final ruling on the issues. Then a final order will be prepared and submitted to the judge for signature. In some states, both parties will then be issued a divorce decree that is signed by the judge.
A divorce decree will include an outline regarding the ruling on all of the above issues, such as child custody, the division of marital assets and debts, etc. After the final order is signed, the two couples will then be considered legally divorced.
Do I Need an Attorney for Help With a Contested Divorce?
As can be seen, there are many issues that are involved in a contested divorce. As such, if you are thinking about getting a divorce, or if you have been served with divorce paperwork, it is important to consult with an experienced divorce lawyer immediately.
LegalMatch can assist you in setting up an initial consultation with a family lawyer in your area. An experienced family law attorney will be able to help you determine your best course of legal action, and ensure that your rights are protected throughout the divorce proceedings.
Additionally, an attorney will also be able to represent you from the start of the divorce process, and ensure that you are well represented at any preliminary hearing. They will also be able to ensure that you have full access to all of the documentation necessary to make informed decisions regarding the divorce and division of your marital assets. Finally, an attorney will also be able to assist you during a final hearing in front of the judge or jury, if necessary.
