In a contested divorce, your spouse doesn’t agree to divorce or to how to resolve issues concerning children or property.  If you are faced with a contested divorce the first thing to do is to find an experienced attorney that you are comfortable with.  When you hire your attorney, that attorney will have you sign a retainer agreement and pay a retainer fee.  The retainer agreement is a contract between you and your lawyer which states, among other things, how much that attorney charges.  The retainer fee is money paid in advance towards your case.  

Typically your attorney will either send your spouse a letter or serve your spouse with papers commencing the divorce action.  Your spouse will either retain an attorney and that attorney will send a response, or your spouse will not respond and your attorney will request a hearing before a judge.  If your spouse did retain an attorney your attorney and your spouse’s attorney will try to work out a settlement of the issues.  If that can’t be done the divorce will go to the court for conferences and an exchange of financial disclosure.  If a settlement can’t be reached the matter will then go trial.  At trial the judge would decide how to resolve the issues of the marriage, including custody of children, child support, visitation, maintenance and property.

In many cases, a settlement is reached before it actually gets to trial.  Once a settlement is reached papers are drawn up and submitted to the judge for approval.  Depending on how far the matter has gotten, all parties may be required to appear before the judge to finalize the divorce.

Since a contested divorce is stressful and expensive it is advised that both parties should try to work together to come to settle their differences and work out the terms of a divorce.  However, in some situations, a contested divorce is appropriate.  Going through a contested divorce may be the only way to look out for the best interest of the children and get what you are entitled to.

We have helped over 10,000 clients obtain a divorce.  If you have further questions, call us for a free consultation.