If you’re wondering what is a contested divorce, it’s a process where one or both spouses file a lawsuit to dispute some aspects of the divorce. There are many different types of a contested divorce, and knowing which type of divorce is right for you can make the process much easier. In this article, you’ll learn about the legal proceedings involved, how a contested divorce is different from a regular divorce, and what to expect from the process.
Costs of a contested divorce
While a contested divorce is generally less expensive than a non-contested one, a disputed divorce can still have high costs. Attorneys can charge anywhere from $200 an hour to $500 an hour, depending on how long they spend preparing the case and negotiating the final agreement. In addition to time, a contested divorce can cost tens of thousands of dollars or more. In addition to hefty attorney fees, a divorce can be very time-consuming, requiring considerable preparation.
One of the benefits of an uncontested divorce is that it requires no court appearances and can be finalized within six months. In addition to saving time and money, avoiding a contested divorce can also be less expensive. If you cannot agree, mediation is an option you may want to consider. Divorce mediators will try to help both parties reach an agreement. Although it takes a few sessions to resolve differences between the two parties, the mediation process can be inexpensive and time-consuming.
Pre-trial legal motions
Before or during a contested divorce trial, either party may file a motion to the court. There are several common motions that both parties can file, including a motion in limine, which refers to the presentation of evidence at trial. Motions can be filed by either party and can request virtually any non-frivolous relief. They are sometimes referred to as “pendente lite” orders or “interlocutory motions.” Usually, these motions are filed with the court through a Notice of Motion or an Order to Show Cause, which can be filed by either party.
In a contested divorce, pre-trial legal motions are made to change or modify existing orders. Usually, a judge who handles cases similar to yours will hear your motion. However, these motions can add considerable costs to your divorce case and burden the party with fewer resources. Regardless of whether you decide to file a pretrial motion, it is important to understand how it works and what to expect.
Going to trial
When it comes to a contested divorce, going to trial is not always the best decision. The process of negotiation can be stressful, and going to trial will not change this fact. It may not help your relationship with your spouse, but it may result in a more equitable distribution of assets, more time with children, and more decision-making power. But if you and your spouse are truly committed to working together, going to trial may be the right choice.
The process of a contested divorce is lengthy. Courts have to evaluate both parties’ grounds and examine documentation to determine who gets what. If the parties are unable to agree to the process, they can ask for a temporary hearing. Once the hearing is completed, the judge will issue a final judgment that spells out all of the details of the divorce. This final judgment can be appealed, but the entire process will cost both parties more time.
If you need a lawyer
When the couple cannot agree on everything, they must go to court in a contested divorce. Although this is a less expensive and faster divorce process, it is still required by law if there are disputed issues, including the division of assets, custody of children, and more. If you want to avoid the cost and hassle of a contested divorce, you should hire a lawyer to handle the case for you.
Many people going through a divorce believe that they can negotiate all issues with their spouse and save money in the process. While an uncontested divorce is possible, it is not recommended unless you are confident in your ability to make informed decisions. Attorneys are skilled in the family law system and can come up with innovative solutions to disputed issues to avoid a trial. Moreover, they know how to prepare for litigation if it is necessary.
(For more articles like this, click here: Who is the Client in Family Law Client Attorney Privilege?)