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Whenever possible, an uncontested divorce, where both spouses are in agreement on all terms of the divorce, is the quicker, less costly and less emotionally difficult option. But, sometimes it is impossible to end a marriage amicably, and in those instances, filing for a contested divorce is your only option. A contested divorce occurs whenever the divorcing spouses disagree over any aspect of the divorce and the terms being filed are in contention.
With a contested divorce, every issue associated with normal divorce procedure must be mediated or litigated, including child custody and child support payments, division of property, division of debt, alimony, etc. It entails filing a Complaint about Divorce with the court alleging that custody needs to be determined, the assets and debts need to be divided, and whether alimony should be awarded. This is followed by the Discovery Phase which may take many months as attorneys on both sides prepare their case. Temporary orders regarding child custody, child support, visitation or spousal support may be put in place by the Court during this time.
A contested divorce may entail a lengthy court battle. A good attorney can help minimize the time and cost involved by addressing and helping to settle many issues in advance, as well as preparing a solid case on your behalf for issues still in contention. With your attorney’s help, terms of a contested divorce can often be agreed upon in mediation before going to court and then submitted to the court for approval. If an agreement cannot be reached on one or more issues, however, your case will go to a formal trial. Fred Page has conducted hundreds of trials in 17 plus years of experience.
Page Law can assist you with your contested divorce and help you navigate the process for a faster and better outcome for you and your children. Call or contact our office for more information.