If you're going through a contested divorce, where you and your spouse disagree on key issues such as child custody, property division, or alimony, it’s important to understand your rights and the steps you can take to protect yourself during the legal process. Here's an overview of your rights and what actions you can take during a contested divorce:
1. Your Rights During a Contested Divorce
- Right to Fair Treatment: You have the right to fair treatment throughout the divorce process. The court is required to consider both parties' interests and make decisions based on fairness and the law.
- Right to Legal Representation: You have the right to hire an attorney who can represent your interests, negotiate on your behalf, and ensure that your rights are protected. If you cannot afford an attorney, you may be able to get legal assistance or have one appointed for you.
- Right to Participate in Decision-Making: In a contested divorce, you have the right to participate in the decision-making process, especially in areas that affect your life and interests, such as custody, visitation, and property division.
- Right to Property Division: You have the right to a fair division of property. In many jurisdictions, property acquired during the marriage is subject to division, and you are entitled to a share of marital property. The division is typically based on principles of fairness, not necessarily equal sharing.
- Right to Custody and Visitation (If Applicable): If you have children, you have the right to seek custody and visitation. The court will make decisions based on what is in the best interests of the child.
- Right to Alimony or Spousal Support: Depending on the length of the marriage, financial needs, and other factors, you may be entitled to receive or required to pay spousal support (alimony).
- Right to a Trial: If you and your spouse cannot agree on key issues, you have the right to have your case heard in court. The judge will make a final decision on contested issues.
2. Steps to Take During a Contested Divorce
- Hire an Experienced Divorce Attorney: If you are in a contested divorce, it’s important to consult with an experienced family law attorney who can advise you on your rights, represent you in court, and guide you through the process.
- Document Everything: Keep a record of all communications related to the divorce, especially if there are issues of disagreement. This includes emails, text messages, and any written correspondence that could support your case.
- Organize Financial and Property Records: Gather all relevant financial documents, such as tax returns, bank statements, property deeds, and loan documents. These will be crucial in determining property division, spousal support, and child support.
- Prepare for Custody Disputes: If you are contesting custody, be prepared to present evidence that shows why you should be the custodial parent. This can include demonstrating your involvement in your child’s life, your ability to provide a stable home, and your willingness to cooperate with the other parent.
- Stay Calm and Professional: Divorce can be emotionally charged, but it’s important to remain calm and avoid making decisions based on anger or frustration. A professional demeanor will strengthen your case and help maintain a better environment for any children involved.
3. Defenses and Arguments in a Contested Divorce
- Disagreement on Property Division: If you disagree with your spouse's proposed division of property, you can present your own case to the court, showing why a different division is fair and equitable.
- Dispute Over Custody: If your spouse is seeking primary custody and you believe you should have custody, you can present evidence showing that you are the more suitable parent for custody. This could include your relationship with the child, your ability to provide a stable environment, and any evidence of negative behavior from your spouse.
- Challenge Alimony or Support: If you believe that you should not have to pay alimony or that the amount is unreasonable, you can challenge it based on your financial situation or the financial independence of your spouse.
- Inability to Pay: If you are being asked to pay child support or alimony and you cannot afford it due to a change in circumstances (such as job loss or health issues), you can argue that the support should be reduced or waived.
4. What Happens If You Reach a Settlement
- Settlement Agreement: In a contested divorce, you and your spouse may agree to settle some or all of the issues outside of court. If you reach an agreement, your lawyer will help draft a settlement agreement, which will outline the terms of the divorce (property division, custody, support, etc.).
- Approval by the Court: Once a settlement is reached, it must be approved by the court. If the court finds that the settlement is fair and reasonable, it will incorporate the agreement into the divorce decree.
5. What Happens If the Case Goes to Trial
- Trial Process: If you and your spouse cannot agree on the issues, the case will go to trial. During the trial, both parties will present evidence, call witnesses, and make arguments. The judge will then make a final decision based on the evidence presented.
- Appeal: If you disagree with the judge’s decision, you may be able to appeal the ruling to a higher court. However, appeals are usually limited to errors in the law, not disagreements over the facts.
6. What Happens If You Win the Case
- Judgment in Your Favor: If the court rules in your favor, you will be awarded what the court deems is fair in terms of property division, custody, support, and any other contested issues.
- Enforcement of the Divorce Decree: Once the court issues a divorce decree, both parties are legally bound to follow the terms of the agreement. If your spouse does not comply with the decree (e.g., fails to pay support or violates custody arrangements), you can take legal action to enforce it.
7. What Happens If You Lose the Case
- Court Ruling: If the court rules against you, you will be required to follow the court’s decision regarding property division, custody, support, and any other matters.
- Appeal: If you believe there was an error in the judgment, you can appeal the decision to a higher court. Your attorney can advise you on the likelihood of success and the process for appealing.
