In marriage, two lives come together. With a divorce, the two partners split their own lives and take a step towards their new life. Whatever they have built together will now need to be divided. Many issues arise. Usually, they are concerning the division of property and debt and spousal support. When there are kids involved, decisions about parenting, custody and access also need to be made. These decisions should be fair. To ensure that your legal rights are protected you need to reach out to Simple Divorce. Their experienced lawyers will be there by your side and guide you through this stressful process. Divorce is of two types contested and uncontested. Uncontested is when both the parties have agreed to the terms and conditions of the divorce. It is said to be contested when the partners are not able to negotiate and come to any agreement. When this happens, the case is usually taken to court. We are here to tell you the various steps that are involved in a contested divorce.
Steps of a Contested Divorce
- The divorce petition to the other spouse has to be prepared and filed. After that, it will be served to them. The petition includes the grounds on which divorce is being sought. Once the divorce papers have been served, the partner has about 30 days to respond to them.
- When the partner responds to the divorce petition, the divorce is considered to be contested.
- Now that the divorce is contested, you would require a legal team that will represent you and help you to fight for your right.
- To help build a strong case, you must help engage in the information gathering processes. During these processes, the lawyers will collect all the essential information that is required and would be useful for the court hearing and motions.
- Before the divorce proceedings head to court, there will be a pre-trial hearing and motions.
- The divorcing couple is often given chances to settle the disputes before the case heads to a hearing. During this step, both parties will try to come to a settlement proposal.
- When the settlement fails, the lawyers will start preparing for the trial.
- Now that the case has gone to trial, both parties are required to attend the court hearings.
- At the end of the hearing, the judge will give their final decision and the divorce order. However, if you wish you can dispute the judge’s decision.
Prepping for the trial
It often happens that the couple is unable to settle their issues during the settlement phase. This phase is offered to the couple as the court encourages that the couples try to work things out before moving the court. The divorce court proceedings only take place when both parties can’t come to a resolution. To prep for the trial, you need a strong team of lawyers. They will present the closing arguments and cross-examine the witness. The lawyers will be by your side through this daunting process.