Contested Divorce

Getting Through A Tedious & Difficult Contested Divorce: Most divorces tend to follow the same pattern. One side will summons the other side for divorce. This summons comes in the form of a notice or a complaint which forces the receiving party to decide if they want to contest the divorce or agree to all the terms through an uncontested divorce.

A contested divorce will require the other side to obtain legal representation and file an answer. At this stage the couple can begin to negotiate the terms of a settlement. This is also the time to request from the court financial assistance for yourself or children. This request for assistance while the divorce is in an interim state is known legally as a “pendant lite or interim relief”. This request is usually granted to mothers that lack the ability to the support themselves and their children and is a great way to rectify a difficult situation without further delay.

Is a settlement cannot be reach for whatever reason the parties involved will move into the “discovery stafe”. All financial documents must be submitted to the court at this stage. One may also send their spouse “interrogatories” in which one spouse can ask the other questions that must be addressed in writing. Using documents and depositions (calling in the spouse for questioning) one can start establishing their case.

Most divorces will settle by the end of the “discovery stage” as everything comes to light and the power struggle in the case becomes clear. If however they cannot settle the divorce will move into trial. This is where the case is made along with any evidence and witnesses that can be presented to the judge. Although sometimes there is no other choice, there are many alternatives to this drawn out and expensive process.

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