When it comes to divorce, you and your spouse probably will not agree on much. After all, that may be one of the very reasons you are seeking a divorce. So that means you’ll go through the process of a contested divorce. In case you aren’t familiar with how that differs from an uncontested divorce, here’s the contested divorce steps you should know.
Contested Divorce Steps: What Should I Expect?
Meet with Your Attorney
The first of all contested divorce steps is to meet with your attorney. In this meeting, you’ll discuss all issues regarding your children, your finances, and the dividing of assets. Before this in-person meeting, you want to ask what documents your attorney will need you to bring. Based off of the paperwork you bring and the concerns you discuss, you can then talk about what is fair to ask from your spouse. After that, your lawyer can then draft and your divorce petition with the court.
Serving Your Spouse
Next in contested divorce steps comes the serving of your spouse. After your attorney files the petition, the court will serve it to your spouse either in person or by mail. Once they receive the papers, they have 30 days to respond to the petition. If they don’t respond, then you can proceed with by default. However, if your spouse does respond then you will continue with the rest of the contested divorce steps.
Discovery
This part of the contested divorce steps allows your to obtain information about your spouse in order to come to a settlement. During this time, your attorney can request documents and information about finances and assets. In addition, they can ask for any other information that will pertain to settling your divorce. Not only will you gain this information from your spouse, but he or she will also gain it from you.
Settlement
In general, you want to settle before your final court date. If you and your spouse can finally agree on the terms of your spilt, then this can be the last of your contest divorce steps. In some cases, if you still have trouble settling, you may see a mediator who can help you work towards an agreement. But if that fails, then your divorce will go to trial. At trial, you will be able to present your case and witnesses. Likewise, your spouse will do the same. After hearing both sides, your judge will establish the terms of your divorce.
As your can see, contested divorce steps can be extensive. For this reason, the process of your divorce can become lengthy, taking months to settle. If you go the route of a contested divorce, you’ll want a trusted legal team by your side.