Contested Divorce
The term "contested divorce" is used in two different ways in different contexts. In one, it describes a divorce that is in and of itself contested; that is, one party argues that the other does not have grounds for divorce and attempts to prevent the divorce. Far more commonly, though, the term is used to describe a divorce proceeding in which both parties want (or at least are resigned to) divorce, but the husband and wife cannot agree on issues like custody, visitation, division of property, and who is responsible for various debts.
Every divorce case, contested or uncontested, begins with the filing of a divorce petition and service of process on the spouse who didn't file the petition. Then, if there are contested issues, the attorney for one spouse or the other typically requests a hearing. The hearing may be requested at the same time the petition is filed, or at a later date.
Temporary Orders in Divorce Cases
Depending on the case, the attorney may request a hearing to establish temporary orders. Typically, such a hearing is scheduled much sooner than a final hearing would be, although the wait time for a temporary hearing varies considerably from jurisdiction to jurisdiction.
The purpose of the temporary hearing is to establish orders that will remain in effect until the divorce is final. A contested divorce case may take months, or longer, to complete, and life doesn't stand still during that time. Someone must care for the children and provide for their support during that time; bills left unpaid while a divorce is pending may ruin both spouses' credit ratings or even result in the loss of property.
Temporary orders may be entered by agreement or established at a contested hearing. If a contested hearing is necessary, both spouses will have the opportunity to present evidence, but the evidence is generally limited, since the court is considering only short-term issues.
Once temporary orders are entered, they remain in effect until either the final divorce decree is entered or a party moves to modify them and the judge grants that motion.
While the Divorce is Pending
While a divorce case is pending, each spouse's attorney may request discovery from the other spouse. This may include income records, deeds or titles to property, business account records, credit card bills and other spending records, proposed witness lists, and almost anything else that may relate to the financial, custody, and visitation issues in a divorce case.
There may also be interim hearings to enforce temporary orders, if one party refuses the other court-ordered visitation, fails to pay child support, or does not meet other financial obligations under the order.
At the same time, the court may require the parties to attend mediation, custody counseling, or other programs designed to smooth out the process and prevent stress on children.
The Final Hearing
If the spouses are ultimately unable to agree on the terms of their divorce, a final hearing will be scheduled. The final hearing may be scheduled at the request of either party. In some jurisdictions, a judge may schedule a status conference on his or her own motion if the divorce case has been pending for a long time without any activity.
At a contested final hearing, the judge will hear evidence from both parties. This may include testimony from both spouses, other witnesses, financial records, police or medical reports, and any admissible form of evidence that helps to establish fair division of debts and assets and the best interests of the minor children of the marriage.
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Depending upon the complexity of the divorce case and the contested issues, the judge may enter a ruling from the bench or may take the matter under advisement and enter a ruling later. It is important to note that even if the judge enters a ruling from the bench, most states do not consider the couple legally divorced until the divorce decree has been entered.
A Local Divorce Attorney Can Help Guide You Through the Process
A contested divorce case can be a long, involved, and emotionally draining experience. A local divorce attorney can help you understand the necessary steps, gather the evidence you need, and navigate the family court system. Fill out our divorce case evaluation form or call us now at 1 (877) 349-1310.