Disputed divorces occur when one or both spouses disagree with the terms of the divorce papers, often involving custody, support, and property division. A preliminary hearing can provide temporary solutions, followed by a longer legal process that may involve gathering evidence and a final hearing. Experts recommend avoiding disputed divorces if possible, as they can be emotionally and financially draining.
A disputed divorce occurs when at least one divorcing spouse disagrees with the required terms of the divorce papers. Disputed divorces can arise when there is a disagreement over custody, spousal or child support, division of property and debt, and many other areas. A contested divorce often requires a longer legal process and may rely on the decisions of family law judges or professional mediators to work out an acceptable settlement.
Divorce can be an incredibly difficult process for many people; in addition to the emotional strain and stress, trying to determine the terms of the split can be difficult or impossible to achieve between spouses. A disputed divorce occurs after one spouse has legally filed for divorce and the other has received the initial divorce papers. If there are terms that the receiving spouse does not agree with, she can request a hearing to dispute the grounds.
A preliminary hearing can be the first step in resolving a disputed divorce. At this meeting, the judge or mediator can make certain temporary orders regarding the division of custody, alimony, and assets that are legally binding during the divorce process, but can be changed by the judge during the final settlement. This hearing allows for short-term solutions for support, custody and assets that allow the couple and children to survive separately and legally during the possibly lengthy divorce process.
After the first hearing, attorneys for each side gather evidence and data to formulate a final request for permanent division. Documentation required includes credit history, bank account and tax returns, and documents determining ownership of the property. When children are involved and custody is an issue in a disputed divorce, attorneys may request additional information regarding the care and psychological state of the children. Witness lists can be compiled for use in the final hearing.
After the discovery period, the court officer holds a final hearing where all evidence is heard, then issues a final ruling. The decision can be issued immediately, or the official can take some time to go through all the evidence and documents before deciding. After the judgment, the divorce decree is officially filed. It may take several additional months for your documents to be processed.
According to many experts, a disputed divorce should be avoided whenever possible. It can extend the time before legal divorce by months or even years and often involves high legal fees. A lengthy divorce process can extend emotional distress to everyone involved, including dependent children. If unavoidable, both parties in a disputed divorce should hire an attorney as quickly as possible to ensure a smoother process. After attorneys are hired, some experts recommend avoiding as much contact with the other spouse as possible, instead allowing counsel and court officials to discuss and make decisions.
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