Contested Divorce

Contested Divorces are those where a court determines the terms for the division of property and debt, the payment of support and the custody of children. No divorce is truly “uncontested” in the sense there are no disagreements, but these disputes do not have to be resolved by a court.

Every couple seeking a divorce should attempt to work out mutual terms for the separation before going to court. The cost and timescale of the court proceedings for a contested divorce should not be underestimated. When provision has been made for other formal conciliation and dispute arbitration services, there is growing resentment at ‘ordinary’ contested divorces that are seen as an unnecessary burden on the court system.

If the spouses cannot resolve disputes on their own, we recommend arbitration and mediation, with or without attorney representation. This saves time and money by bypassing the lengthy litigation and trial process. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly.

Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.

Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Some mediation sessions can also include a neutral attorney or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either. Divorce mediation can be significantly less expensive than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.

High financial stakes, complex issues and technical legal procedures are the characteristics of contested divorces. An uncontested divorce can often be performed without an attorney, whereas adversarial litigation makes experienced counsel necessary for a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney may be wise.

Contested divorces are a common scenario, given that there are numerous issues to be worked out between a couple who have decided to break their union. Contested divorces can cause resentment, revenge, anger, fear, stress, anxiety, depression, low self esteem, loneliness, frustration, grief, guilt, hate between two people who, presumably, used to love each other enough to get married and have a family together.

Trial

The judge will hear both sides of the case at trial and will then come to a decision regarding all issues. Often couples will begin the process of a contested divorce and then, before the actual trial, reach agreement on the financial terms and otherwise-of the divorce. This saves time and money by bypassing the lengthy litigation and trial process. The vast majority of divorce cases don’t get to trial.

The end of the trial does not guarantee the end of the process; one spouse might appeal the Divorce Judgment. After the trial is over and the judge has signed his/her order, either party is entitled to file a post–trial motion for relief from the final judgment. The party typically has 30 days after the order is signed to file a post–trial motion. If the case is reversed, the appellate court will send it back to the trial court for further proceedings.