Contested Divorce

Before a divorce may be granted, there are usually five basic issues that must beresolved. 

They are:

  1. Alimony or spousal support.

  2. Property division; and if there are children.

  3. Custody.

  4. Visitation; and 

  5. Child support.

If a divorcing couple agrees on all five of these issues in writing, they will be granted an uncontested divorce and avoid adversarial divorce litigation. Conversely, if there is disagreement on any of the basic issues, a contested divorce exists. When a divorce is contested, the couple may proceed through all phases of litigation including trial before a judge. The contested divorce process can be time consuming but having an experienced and knowledge attorney by your side can help to ensure that you get everything you're legally entitled to. Contested divorces usually require many court appearances and lots of document exchanges as the parties and their lawyers attempt to resolve the issues between the parties. Four way conferences, in which both parties and each of their attorneys have a meeting together to try and resolve as many issues as possible are helpful ways to minimize court and legal fees by attempting to resolve issues. For all issues which the parties cannot resolve, they are decided by the judge after a trial. Trials can take a long time and be very emotional, that’s why ensuring you have a trusted attorney working hard to settle your matter at every opportunity is important.