Contested divorce either refers to a divorce in which one spouse is arguing against divorce in order to prevent it from occurring or a divorce in which both spouses want a divorce but are unable to reach agreements on child custody, child support, spousal support, property division and other important issues. Whether both spouses want the divorce or if one spouse is the only one ready to end the marriage, a contested divorce begins with filing a divorce petition.
Are You Going Through a Contested Divorce?
Find information on contested divorce and how a divorce mediator can help you at Divorces.com
Temporary Orders
Either spouse’s attorney may schedule a hearing in order to establish temporary orders. At this hearing, temporary orders will be established that will remain in effect until the divorce is finalized. Before temporary orders are decided on, either spouse will have an opportunity to present evidence to convince the court to rule in their favor on these issues. A contested divorce can take months or even longer to be completed; depending on when a happy medium is reached that satisfies both spouses.
Through the duration of the divorce process, either spouse’s attorney has the right to request information from the other spouse. Information that an attorney may request includes:
- Income Records
- Deeds/property Titles
- Business Account Records
- Credit Card Bills
Attorneys may request other spending records or any other information related to finances, custody or visitation.
How a Divorce Lawyer Can Help in a Contested Divorce
The court may require that the couple attend divorce mediation. Court ordered mediation is a service usually offered free of charge. Mediation is especially beneficial to couples going through contested divorce because in mediation, a professional helps you and your spouse communicate and reach agreements on important issues.
At the final hearing, the judge hears evidence from either spouse. The evidence a judge may hear includes:
- Testimony from Both Spouses
- Testimony from Witnesses
- Financial Records
- Police/Medical Records
Evidence the judge hears helps determine debt and asset division as well as the best interests of the children.
Although a contested divorce can be a lengthy and strenuous process, divorce mediation can help you and your spouse communicate and reach agreements. Divorce mediation lessens the complication of a contested divorce.
Are You Going Through a Contested Divorce?
Find information on contested divorce and how a divorce mediator can help you at Divorces.com