What Is A Contested Divorce?

Categories: Divorce & Family Law


A divorce can be one of the most difficult and stressful experiences that a person can go through. When couples can’t agree on the terms of their divorce, it can result in a contested divorce. In this article, we will explore what a contested divorce is, the common reasons for it, and the process involved.

What is a Contested Divorce?

A contested divorce is a type of divorce where the parties are unable to agree on one or more terms of the divorce settlement. This can include issues related to property division, spousal support, child custody, and child support.

Common Reasons for a Contested Divorce

Some common reasons for a contested divorce include:

  • Disagreements over finances and property division
  • Disputes over child custody and visitation rights
  • Differences in opinion about child support or spousal support
  • Infidelity or other forms of marital misconduct
  • Communication problems or breakdowns in the relationship

The Process Involved in a Contested Divorce

The process of a contested divorce can vary depending on the circumstances of each case, but generally involves the following steps:

  • Filing for Divorce: One spouse files a complaint or petition for divorce with the court, and serves the other spouse with the papers.
  • Response: The other spouse has a certain amount of time to respond to the divorce papers, either agreeing or disagreeing with the terms.
  • Discovery: Both parties exchange information and documents related to the divorce, such as financial statements and property ownership.
  • Mediation: The parties may attempt to resolve their disputes through mediation or other forms of alternative dispute resolution.
  • Trial: If the parties are unable to reach an agreement, the case will go to trial, and a judge will make a decision on the contested issues.

Potential Outcomes of a Contested Divorce

There are several potential outcomes of a contested divorce, including:

  • Settlement: The parties may reach an agreement on all of the contested issues and submit a proposed settlement to the court for approval.
  • Court Order: If the parties cannot reach an agreement, a judge will issue a court order resolving the contested issues.
  • Appeal: Either party may appeal the judge’s decision if they believe there was an error in the process or decision.

Why You Need an Experienced Divorce Attorney for a Contested Divorce

Navigating a contested divorce can be complex and emotionally challenging. An experienced divorce attorney can help you protect your legal rights and ensure that your interests are represented in court. They can also help you explore alternative dispute resolution options and negotiate a settlement that is fair and equitable. Additionally, an attorney can provide valuable guidance and support throughout the divorce process.

Factors to Consider Before Filing for a Contested Divorce

Before deciding to file for a contested divorce, it is important to consider the following factors:

  • Emotional Impact: Going through a contested divorce can be emotionally challenging for both parties, as it may involve a lot of conflict and stress.
  • Financial Impact: A contested divorce can be costly, especially if the case goes to trial. It is important to factor in legal fees and other expenses when considering whether to file for a contested divorce.
  • Timeframe: The process of a contested divorce can be lengthy, which can further exacerbate the emotional and financial strain on the parties involved.

The Importance of Communication in a Contested Divorce

Effective communication between the parties is crucial in a contested divorce. It can help reduce misunderstandings and conflicts and may even lead to a resolution of the disputed issues. It is important to keep the lines of communication open and try to approach the divorce in a civil and respectful manner.

Alternatives to a Contested Divorce

In some cases, a contested divorce may not be necessary. There are several alternative dispute resolution methods available, such as mediation and collaborative divorce, that can help parties reach a mutually agreeable settlement without going to trial. These methods can be less costly and less emotionally stressful than a contested divorce. It is important to discuss these options with an experienced divorce attorney to determine whether they are appropriate for your situation.

A contested divorce is a type of divorce where the parties are unable to agree on one or more terms of the divorce settlement. It can be a long and difficult process, but with the right legal representation from Romanowski Law Offices, you can protect your legal rights and achieve a favorable outcome.