Contesting a divorce occurs when a couple can't agree on issues such as real estate, child custody, vehicle damage, or asset division. In such cases, each person usually hires their own attorney to negotiate settlement terms. These negotiations can last several months or even years before reaching an agreement. Multiple court hearings and meetings are common in these divorce proceedings.
Grounds for Challenging a Divorce
In no-fault and uncontested divorces, petitioners typically cite irreconcilable differences as the primary cause of the marriage's breakdown, which the court usually accepts. However, this is not always the case in contested divorces. In these situations, couples often list every reason for ending the marriage and specify which assets they believe they deserve post-dissolution. Common reasons for contesting a divorce include disputes over:
- Division of marital property
- Child custody
- The cause of the divorce
- Child visitation schedules
- Division of savings or retirement accounts
- Control of the family home
- Spousal support amounts or duration
- Child support amounts
Couples might also disagree if a petitioner fails to mention alleged infidelity or abuse claims that may have contributed to the marriage's end. Consult divorce lawyers for expert representation in your divorce proceeding.
How to Choose the Right Divorce Lawyer
Selecting the right attorney is essential for navigating a contested divorce successfully. Key factors to consider include their experience in family law, track record in contested cases, and communication style. A good divorce lawyer should not only advocate for your rights but also help you understand the legal process and options available. Scheduling consultations with multiple attorneys can help you find someone you feel comfortable working with and who aligns with your goals.
Is It Possible to Contest a Divorce Anywhere?
A divorce can only be challenged in the court where the initial petition was filed. Any litigation necessary to resolve contested issues will likely occur within that same jurisdiction. Consequently, parties who no longer live in the area where the divorce is being processed may need to travel to consult with attorneys, mediators, or other involved parties.
Both parties in the divorce must be notified that it is being contested. This is typically done by mail and in person, regardless of where either spouse resides. Disputed issues, such as child custody or visitation rights, might be referred to another court. This decision is usually made by the judge or magistrate overseeing the original divorce case.
Anticipating the Outcomes of a Contested Divorce
Contested divorces often involve significant disputes, making it challenging for couples to handle the process independently. Consequently, the court advises both parties to hire their attorneys to guide them and negotiate the contested terms.
Even if the spouse initiating the divorce files the necessary paperwork independently, consulting an attorney becomes crucial once the filing is contested. Couples in contested divorces may also be required to engage with a court-appointed mediator to formulate a fair divorce agreement for the court's final approval.
Once a divorce is contested, the respondent and their attorney must persuade the court to rule in their favor. Attorneys will gather factual evidence to support the claims of the responding spouse. To construct an accurate account of the divorce and the contested issues, testimony may be solicited from:
- Friends
- Neighbors
- Family members (including children of the couple)
- Business associates and co-workers
It is common to employ other professionals, such as accountants and specialized investigators, to gather relevant evidence supporting all claims. While the respondent typically contests the divorce, the petitioner may also dispute claims made in the respondent’s rebuttal. The petitioner can present evidence and witnesses to challenge those claims.
The Role of Mediation in Contested Divorces
Mediation can play a pivotal role in resolving disputes during a contested divorce. A neutral third-party mediator helps both spouses communicate effectively and explore mutually acceptable solutions. Common issues addressed in mediation include property division, child custody, and visitation schedules. Mediation not only reduces the emotional toll but also helps minimize legal fees and court hearings. While it may not resolve all disputes, it often narrows down contested issues, making the court process smoother.
When Is it Appropriate to Challenge a Divorce?
When a respondent is served with divorce papers and disagrees with the proposed terms, they can contest the divorce. The timeframe for contesting is governed by the state laws where the divorce was filed. Sometimes, both parties initially agree to an uncontested divorce, but one may later change their mind and decide to contest after the initial filing.
Endnote
Before a spouse chooses to contest a divorce, it's important to understand that this often leads to a prolonged and costly court battle. Legal professionals, including judges, recommend that each person hire their own attorney to represent their interests when a divorce is contested.