A contested divorce occurs when two parties are unable to agree on the terms of their marital dissolution, and a trial is ultimately required to resolve the case. Each spouse presents evidence in open court, and a judge makes a binding divorce judgment.
If you and your spouse disagree on how to divide property or handle co-parenting, you may need the help of a Hartford contested divorce lawyer. Reach out to our firm to retain a skilled marital dissolution attorney who can represent you in court.
A contested divorce might be necessary if two spouses have disputes about asset distribution or alimony. Additionally, when children are involved, disputes may arise due to disagreements surrounding legal and physical custody, visitation, and child support. If the spouses have a complicated situation regarding finances or shared children, they may be unable to resolve their issues without the intervention of a judge.
Conversely, some parties may not have an inherently complex situation but are still unable to compromise on any of their issues. Before moving forward with initiating the dissolution process, consider asking a lawyer about the reasons someone might choose to proceed with a contested trial.
As with any other divorce, a contested dissolution begins when one party files the initial paperwork and the other party is served. Often, the served spouse will respond with a cross-complaint.
After the serving process, both parties will exchange financial discovery. They can bring in experts to consult on finances and hold depositions as needed. With regard to custody, parents can hire a guardian ad litem to conduct a custody evaluation.
When a divorce is contested, the process can be lengthy depending on the court’s schedule. The trial date will be set according to the court’s availability.
At the conclusion of the trial, the judge makes their orders concerning all the issues brought up in the divorce. It is best to obtain an attorney with trial experience when handling a disputed divorce.
Many people allow their emotions to drive the decision to proceed with a contested divorce. Rather than attempt to compromise with their spouse, some spouses prefer to have a judge decide the outcome of their case. It is often assumed that a judge’s orders will be better than any settlement outside of court.
Unfortunately, by leaving the decision up to the court, spouses lose control over the ability to tailor an agreement that works for them. Collaborating with the other party could help spouses reach an agreement regarding assets and debts or custody and visitation. A legal professional can advise spouses on the benefits of working together rather than pursuing a contested divorce.
If you are unable to agree with your spouse, an attorney can assist you in litigating your divorce and represent your best interests in court. From obtaining necessary evidentiary documents to enlisting third-party experts to consult on your case, a Hartford contested divorce lawyer will be there for you. Call our office to schedule a consultation and learn how we can use our resources to help you achieve your desired outcome.