Contested divorce
Contested divorce
"Contested divorce” is where the spouses can't agree on their divorce issues, and they end up in court, asking a judge to make these decisions for them. Whether it's one or all issues, if you disagree on anything, the court considers your divorce "contested." With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
prepare, file, and serve (deliver) the divorce petition (legal paperwork
asking for the divorce and stating the grounds for the breakdown of the
marriage)
● respond to the petition
● interview and hire an attorney
● engage in "divorce discovery" – the information gathering process,
which involves various legal procedures to get information from your
spouse and third-party witnesses (e.g., written questions, subpoenas,
and depositions)
● pre-trial legal motions and hearings
● settlement proposals and negotiations between attorneys
● if settlement fails, prepare for trial
● complete a court trial, and
● file an appeal, if you dispute the trial judge's decision(s).