Last Updated On: September 3, 2021

What Happens In A Contested Divorce?

Divorce is always a serious matter and the divorce process can get complicated quickly. It may seem odd, but sometimes getting served divorce papers can come as a complete shock to people. Whether they never saw the writing on the wall or they were left in the complete dark about the issues in their marriage, there are countless reasons why someone could decide to file for divorce. While working through the details of the separation, if there is anything that the spouses do not agree on, then it is considered a contested divorce. During the divorce process, each spouse has the option to work with a contested divorce lawyer to help them navigate through the entire process while protecting their rights and ensuring that the final agreement is as fair as possible.

What Can You Expect While Going Through The Process Of A Contested Divorce?

You can expect a lot of back and forth between spouses and attorneys in a contested divorce. This usually means that a greater amount of time is spent going through the divorce proceedings. The most challenging part of a contested divorce is coming up with a solution where both spouses are in agreement with the final decisions of their divorce. All of the back and forth and continuous negotiations can add a lot of additional stress to an already difficult and stressful situation. Aside from the additional time it may take to finalize the divorce, the legal expenses for each spouse are greater, especially if the case ends up going to trial.

Does A Contested Divorce Mean You Have To Go To Trial At Divorce Court?

No, not all contested divorces end up in divorce court. In fact, most contested divorces end up settling before having to go to court. If both spouses are able to come to an agreement during the settlement phase of the divorce process, then there is no longer a need for the case to go to trial. The spouse’s attorneys will be able to complete and file the necessary paperwork to finalize the divorce. If the spouses are unable to come to an agreement, then the case will move to trial, where all evidence and claims will be presented to a judge, and the judge will make all the final decisions of the divorce.

What Does The Process Of A Contested Divorce Look Like?

When someone files for a divorce, the other spouse is served divorce papers and has a certain number of days to respond. After that, the spouses and their attorneys will begin the discovery process, which is where all of the relevant information regarding the marriage is gathered. This part of the process can include subpoenas and depositions of witnesses. Once all the information is gathered, the next step would be for the attorney to negotiate with the opposing attorney, and to work with their client in coming up with a settlement proposal. The results of the settlement process will then determine if the case will need to go to divorce court.



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