When you realize your marriage is beginning to fall apart and fighting persists, it is a good idea to begin preparing for a contested divorce just in case your situation gets out of control. Most couples who divorce are not able to work out details themselves and when disagreement is imminent, it helps to be prepared. A variety of emotions, expectations, and desires result in a contested divorce that is more time-consuming and complex than a non-contested version would be. Preparation can reduce the level of emotion and prevent a battle when attempting to dissolve the marriage. Speaking with an experienced divorce lawyer will get you started preparing for a contested divorce. Connect with a local divorce lawyer for free today!
Preparing for a Contested Divorce the Right Way
A contested divorce typically takes one of two forms. It may occur when one spouse tries to prevent the divorce from proceeding due to lack of grounds for dissolution. The more common form is when the spouses agree upon the need to divorce but not about how to handle property division, spousal support, child custody, child support, and other related issues.
Divorce begins with one spouse filing a petition for divorce and a service of process. When the petition is filed, a divorce lawyer typically requests a hearing to air the contested issues or establish temporary orders. These orders remain in effect until the divorce proceedings conclude, which typically occurs several months later. Both parties must present evidence to assist the court in its ruling regarding temporary orders and a divorce attorney helps a client do this.
As the divorce process proceeds, the attorneys may request discovery. This might include anything regarding the finances of the couple or influence child custody or child visitation decisions including income and expense records, credit card bills, deeds, and property titles. With contested divorce help from an attorney, a client can have all necessary documents available and organized to present a strong case. It can take several months to resolve all issues involved in a contested divorce so working a divorce lawyer who can provide you with expert divorce help and advice is crucial.
A final hearing may be requested by either party to the divorce or by the judge. Both spouses may provide final testimony and evidence at this hearing. Spouses should receive guidance from their attorneys regarding what is required. For example, when attempting to divorce an abusive spouse, an individual may need to provide police reports and medical records. Only a specially trained attorney can help you start preparing for a contested divorce in a way that helps you win your case!
The judge will use concluding evidence to determine a fair division of debts and assets and make a decision regarding child custody and support. This ruling may be issued from the bench or at a later date and until it is made the couple is not legally divorced. An attorney qualified to provide contested divorce help will advise a client about what to expect and submit throughout the process. If you are getting ready to split up and you believe things may not run smoothly, begin preparing for a contested divorce by speaking with an expert divorce lawyer who can provide you with the family law advice you need and your family deserves!