A contested divorce occurs when the parties involved cannot agree on one or more issues, such as child custody, division of property, spousal support, or other related matters. If you’re facing a contested divorce, it’s important to understand your options and how the process works. Here’s a step-by-step guide to navigating a contested divorce and the options available to you.
1. Understand the Issues in Dispute
In a contested divorce, there are usually one or more issues that the spouses cannot agree on. Common disputes include:
- Child custody and visitation,
- Child support,
- Spousal support (alimony),
- Division of property and assets,
- Debts and liabilities.
The first step is to understand the specific issues causing the disagreement and to evaluate your priorities and what you are willing to compromise on.
- What You Should Do:
- Identify the issues you disagree on and discuss them with your lawyer.
- Be prepared to prioritize what’s most important to you, such as time with your children, financial stability, or the division of certain assets.
2. Mediation and Alternative Dispute Resolution (ADR)
Before the court intervenes, some jurisdictions require or encourage mediation or other forms of alternative dispute resolution (ADR). Mediation involves a neutral third-party mediator who helps both spouses reach an agreement without going to court.
- What You Should Do:
- Consider mediation to resolve disputes in a less adversarial manner. A mediator can help you and your spouse find common ground and reach a fair agreement.
- Even if mediation isn’t required, it may still be an option worth exploring to save time and reduce conflict.
3. Settlement Negotiation
Even if a divorce is contested, it doesn’t necessarily have to go to trial. You and your spouse may be able to negotiate a settlement outside of court, often with the help of your respective lawyers. This process allows you to retain more control over the outcome and avoid the costs and uncertainty of a trial.
- What You Should Do:
- Work with your attorney to try to negotiate a settlement that addresses your concerns, whether it's in relation to child custody, financial support, or property division.
- Be open to compromise on certain issues to avoid prolonged litigation and a lengthy court battle.
4. Litigation and Court Trial
If negotiations and mediation fail, your case may go to trial, where a judge will make decisions about the contested issues. Going to trial is often the last resort due to the time, costs, and emotional strain it can cause. In court, both parties will present their arguments, evidence, and witness testimony, and the judge will issue a ruling.
- What You Should Do:
- Prepare for trial by gathering all necessary evidence, such as financial documents, testimony, and other relevant information. Your attorney will help you present a strong case.
- Understand that the judge will make decisions based on the law, and you may not have the flexibility to decide on matters like custody and asset division as you would in a settlement.
5. Child Custody and Support
In contested divorces, child custody is often one of the most contentious issues. The court will determine what is in the best interest of the child, considering factors like:
- The child’s relationship with each parent,
- The child’s age and needs,
- The stability of each parent’s home environment.
In addition to custody, child support may also be contested. The court will typically follow state guidelines to determine the appropriate amount of support.
- What You Should Do:
- If child custody is an issue, be prepared to demonstrate why your proposed custody arrangement is in the best interest of the child.
- For child support, gather financial documents to show your income, expenses, and any other relevant financial information.
6. Property and Asset Division
Property division in a contested divorce can be complex, particularly if the couple has substantial assets, debt, or business interests. States typically follow one of two systems for property division:
Community property (in some states), where marital property is divided equally,
Equitable distribution (in most states), where the property is divided fairly but not necessarily equally.
What You Should Do:
Inventory all assets and liabilities: List all property, bank accounts, retirement funds, debts, and investments.
Be prepared to negotiate how property and debts should be divided, or be ready for the judge to make this determination if you can’t agree.
7. Spousal Support (Alimony)
Spousal support, or alimony, may be awarded in a contested divorce if one spouse is unable to support themselves after the divorce. The amount and duration of alimony vary depending on factors such as the length of the marriage, the standard of living, and the recipient spouse's financial needs.
- What You Should Do:
- Consider the financial needs and ability to pay when discussing alimony with your lawyer.
- If you are requesting alimony, you will need to provide evidence of your financial need. If you are contesting alimony, your lawyer can help demonstrate your ability to support yourself independently.
8. Appeals Process
If you disagree with the court’s decision in a contested divorce, you have the right to appeal. However, appeals are generally only granted if there is an error in the law or the way the trial was conducted.
- What You Should Do:
- Discuss with your attorney whether an appeal is a viable option after the final judgment.
- Be aware that appealing a divorce ruling can be time-consuming and expensive.
9. Finalizing the Divorce
Once all issues are resolved, either through settlement, mediation, or trial, the court will issue a final divorce decree that outlines all the terms of the divorce, including custody arrangements, property division, and support payments.
- What You Should Do:
- Ensure you fully understand the terms of the divorce decree before signing it.
- If any changes need to be made post-divorce (e.g., modifications to custody or support), consult your attorney to file a request for modification.