Contested and Uncontested Divorce
A contested divorce occurs when spouses are unable to reach an agreement on issues such as custody and support and the division of marital assets. As a result, the spouses take their case before the Court and the Court makes a final decision on the unresolved issues.
The first step in resolving a contested divorce is to meet with an attorney and present documents pertaining to your marital assets. You may also discuss custody and support with your attorney. After working with you to determine your entitlements, your attorney will prepare a divorce petition and file it with the Court. Once the Court receives the petition, your attorney will serve the petition on your spouse.
If your spouse does not respond to the petition within the time frame required by your state, you can obtain a default judgment of divorce. If your spouse responds, your case proceeds to the discovery stage, in which spouses obtain information concerning spousal income, marital assets and custody and support. Temporary orders for custody and support and alimony can be made within the discovery stage.
After the discovery stage comes the settlement stage, in which a judge encourages spouses to reach an agreement before their divorce proceeds to trial. If the spouses are unable to reach an agreement, their divorce then proceeds to trial. After the spouses and their witnesses are cross-examined by each other’s attorneys and closing arguments are made, the judge issues final decision on all contested issues. If a spouse is dissatisfied with the decision, he or she can make a post-trial motion to contest the ruling. If the post-trial motion is denied, an appeal can then be made. If an appellate court affirms the judge’s ruling, the case is closed.
A contested divorce takes longer to resolve than an uncontested divorce. In an uncontested divorce, spouses may reach an agreement about custody and support and the division of marital assets without the aid of attorneys. But they usually consult attorneys before signing legal documents.
