Contested Divorce: How it Works

By James Parker
/
September 29, 2021

In the best of circumstances, a couple will proceed through a divorce in a civil matter. There will be compromises to make but ultimately a mutual consensus will be reached on matters of asset division, child care, and custody. However, when one or both partners refuse to agree on an issue, the proceedings become a contested divorce, and a judge must adjudicate each issue in the divorce that the couple cannot agree on. Common issues that cause a contested divorce include:

  • Alimony payment
  • Asset distribution
  • Child custody
  • Child support
  • Debt division

A contested divorce allows each former spouse to present their case for why the judge should find in their favor. The judge is not required to agree to either spouse’s proposal in its entirety and possesses the ability to only partially grant any spouse’s requests. 

One drawback of a contested divorce is the increase in time and cost. Typically, a contested divorce must pass through more procedural hurdles including the disclosure of financial statements, filing of motions and counter-motions, discovery, and hearings. Where an uncontested divorce can be resolved in as little as a month, a contested divorce could take years to fully and completely resolve any of the issues before the judge. 

If you are entering into a contested divorce, you will need a divorce & family law attorney to advocate for your interests in the proceedings. An experienced divorce & family law will be able to negotiate with the judge and opposing attorney in an unbiased way to achieve your specific goals in the divorce. 

The best place to find a divorce & family law attorney is Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with a divorce & family law attorney in your area. Our partners have the resources, legal expertise, and experience to handle the messiest divorce cases with ease.

In addition to a distinguished case record, our partners also excel in client care. We know how trying a divorce can be. That’s why our partners keep you fully informed about developments in your case and work to achieve a fast and equitable outcome for you.

Don’t wait. Contact AAL today for a free, no-obligation consultation and assert your marital rights. 

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