Contested Divorce

Let us consider that one married person has filed for a divorce. The other spouse does not want a divorce or does not accede to the terms of the divorce. This is a case of a Contested Divorce. Some of the issues that are contested in a divorce proceeding are as follows.

• Custody of children
• Child support
• Whether alimony should be paid and how much?
• Who should repay the debts?
• The distribution of the acquired assets

All these conflicting issues increase the time and money needed for the divorce. The more the number of issues that are in dispute, the more complicated the divorce becomes and the duration of the divorce increases. When any person embarks on a contested divorce, he/she must be ready for an exhaustive financial and emotional drain.

It is acknowledged that a contested divorce has begun when the below mentioned procedure is complete.

• One of the spouses files a petition for divorce
• This petitioner serves the other spouse with the divorce papers via a third party or a sheriff or by mail
• The service of the divorce papers implies that the divorce can be contested or the various issues in the divorce can be contested

In any divorce case, the spouses seeking divorce have an opportunity to talk with each other and settle the terms of the divorce amicably. If the fail to do so, they have to approach the court. This now becomes a contested divorce case. The judge decides how the various issues must be addressed. The future of these spouses is completely in the control of the legal system.

Lawyers play an important role in this sot of divorce. They are actively involved in a process called as Discovery. This comprises of demanding financial records, tax returns and bank statements of the other spouse. The lawyers also interview the client's friends, coworkers and if essential, the children and their teachers and coaches.

Those couples who decide to attend a trial need to wait for even 12 months to obtain a trial date. When this date approaches, the lawyer makes the essential plan for testimony of the client. In a highly contested case, it is recommended not to represent self, but to avail the services of a lawyer.

Here are some topics associated with contested divorce:

• Contested Divorce Laws - Different states in the United States have specified varying contested divorce laws
• Contested Divorce Lawyers - This lawyer plays an important role in preliminary hearings, discovery process and trial
• Contesting a Divorce - The various challenges while contesting divorce have been specified
• Contested Divorce Costs - The costs mentioned herein are applicable for the year 2007
• Contested Divorce Hearing - The highlights of this hearing and the steps to write a motion for it have been included

Divorce Papers