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Divorce is a very real part of life these days. It is an unfortunate fact that a lot of people are looking into them on a daily basis, looking to uncover the information about them to determine the best way to proceed.
Simply put, a divorce is a legal term for a dissolution of a marital agreement which terminates the relationship and allows both parties to move forward by separating joint property or assets. In a best-case scenario, both parties agree to the terms of a divorce before moving forward. Unfortunately, however, divorces are often highly contested and parties find agreement difficult to come to. When both parties cannot reach an agreement on their own or with simple mediation, the result is known as a contested divorce. Contested divorces often come into play when a dispute arises over child custody or the parties cannot agree on a fair division of the assets gained within a marriage.
Contested divorces are often difficult proceedings, and they’re incredibly time consuming. Couples that are unable to come to an amiable agreement together are forced to go to court to have the decision made by an impartial third party. Since the couple is unable to come to terms among themselves, a judge has to decide on all of the issues up for negotiation and make decisions of the division of custody, property or monetary assets. A contested divorce requires several steps. The first step is for both parties to meet with a lawyer. The second step involves serving papers on the other party.
A lawyer will discuss all of the pressing issues that are up for resolution and go through a lengthy, thorough interview with their client. They’ll discuss their client’s concerns with custody, child support and assets gained throughout the marital relationship. The attorney will then consult with their clients and lay down the guidelines of what will most likely be considered fair in the dissolution of the marriage. The attorney will draw up a petition for divorce, which their client will sign. Then the petition is served on the other spouse.
If the spouse cannot be located in order to be served, several step are called for. A notice must be printed in the newspaper, and a certain amount of time has to pass before the petition can move forward.
Legally speaking, the spouse being served is required by law to respond to the petition, and they will probably want to consult with their own legal council. If they do not respond in the predetermined amount of time set by the court of the district, they are in default and the petitioning spouse will be awarded a default judgement in the divorce petition proceedings.
If the other party does respond according to the terms of the court and the petition, proceedings will continue as planned. The case will move forward with interrogations, discovery and summary findings. Both parties can expect to receive the information that they’ve asked for from the other involved party in order to move forward while remaining as informed as possible. The discovery phase of the judgement allows both parties to make requests for temporary orders as far as child support, alimony and child custody. Most judges encourage this type of action, and request that these types of agreements be fully in place prior to the final court date for the judgment.
Mediation allows couples to come together to attempt resolution outside of the court, and many judges recommend mediation or move forward on a court-ordered basis. If this stage of mediation still does not resolve the issues at hand, a final court date will be set.
A divorce trial will allow both parties to present their cases as evenly as possible. Both parties are able to present witnesses and evidence to support their positions. Once the assigned judge has heard all of the testimony and examined all of the evidence presented to them, they will come to a decision. Once a decision is reached, each party has thirty days from the date of the final order to file or respond to the order. If these motions are unsuccessful, each side has an opportunity to make an appeal. If the appeal is successful, the case will move forward in appellate court to hear the case again. If the appeal is unsuccessful, the judgment will stand.
All trials of any type can be time consuming and drain on both parties financial resources. A contested divorce case is extremely complex and involves many different intricate steps along the way. Contested divorce cases should be a last resort. It is far better from an emotional and financial standpoint to come to an agreement with your former spouse before implementing a contested divorce proceeding if at all possible.
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