Facing a contested divorce can feel overwhelming. The idea of taking a personal, intimate matter to a courtroom, and entrusting a judge with your family’s future, is naturally intimidating. However, a contested divorce is not a chaotic battle; it is a structured legal process with a clear set of rules and stages.

Understanding what to expect can help demystify the journey, reduce fear, and prepare you to make informed decisions. At LforLaw, we guide our clients through every step of this process, ensuring they have a strong advocate by their side.

Phase 1: The Beginning – Filing and Service

The process of a contested divorce officially begins when one spouse, the “petitioner,” files a legal document called a Complaint or Petition for Divorce with the court. This document outlines the grounds for divorce and what the petitioner is seeking in terms of property division, child custody, and support.

Once filed, the petitioner must legally “serve” the documents to the other spouse, the “respondent.” This formal service ensures the respondent is aware of the lawsuit and has an opportunity to respond.

Phase 2: The Discovery Phase – Gathering Evidence

This is often the longest stage of a contested divorce. It’s a formal investigation where both sides exchange information and gather evidence to build their case. The goal is to get a complete and transparent picture of all marital assets, debts, and other relevant factors.

The key components of the divorce discovery phase include:

• Mandatory Financial Disclosures: Both spouses are required by law to provide a full accounting of all their financial information, including tax returns, bank statements, investment accounts, credit card debt, and any business interests.
• Interrogatories: These are written questions that one spouse’s attorney sends to the other. They must be answered truthfully and under oath.
• Requests for Production of Documents: This is a formal request for specific documents, such as financial records, emails, text messages, or a history of a spouse’s work bonuses or compensation.
• Depositions: This involves a sworn, out-of-court testimony from the spouses and relevant witnesses. It’s an opportunity for attorneys to question individuals and gather information that can be used in court.

Phase 3: The Path to Resolution – Mediation and Settlement Conferences

While the discovery phase is adversarial, the vast majority of contested divorces are resolved without a trial. The information gathered during discovery is used to negotiate a settlement.

• Mediation: In many states, mediation is a required step. A neutral, third-party mediator helps both parties and their attorneys negotiate and reach a mutually acceptable agreement.
• Settlement Conferences: These are meetings with a judge or a judge’s representative who can review the facts and offer an impartial opinion on how the court might rule. This often helps motivate both parties to settle.

A skilled attorney is crucial during this phase to ensure you do not accept a settlement that is not in your best interest.

Phase 4: The Final Stage – Trial

If mediation and settlement conferences fail, the case proceeds to a final trial. This is where a judge will listen to evidence from both sides and make a final, binding decision.

The divorce trial process follows a structured format:

1. Opening Statements: Attorneys for both sides present a roadmap of their arguments to the judge.
2. Presentation of Evidence: Attorneys call witnesses to testify and present documents, financial records, and other evidence.
3. Cross-Examination: The opposing attorney questions the witnesses presented by the other side.
4. Closing Arguments: Both attorneys summarize their case and ask the judge for a specific ruling.
5. The Final Judgment: After reviewing all the evidence, the judge issues a Final Judgment of Divorce, which becomes a legally binding order.

The entire litigation process can be lengthy, with the average contested divorce taking a year or more to finalize. However, with a clear understanding of the steps, you can feel more prepared and in control.

Navigating the complexities of a contested divorce requires experienced legal guidance. If your divorce has moved from amicable discussions to unresolved disputes, we can connect you with licensed attorneys who can provide the strategic advocacy needed to protect your rights and achieve the best possible outcome for your future.

Sources

• American Bar Association (ABA) Section of Family Law: Provides a broad overview of the litigation process in family law cases.
• Nolo.com & FindLaw.com: These legal resource websites offer detailed, step-by-step guides to the contested divorce process and common legal procedures.
• Legal Information Institute (Cornell Law School): Definitions and legal context for terms like “discovery,” “deposition,” and “mediation.”
• State-Specific Court Websites (e.g., California Courts, New York State Unified Court System): Provides specific forms and procedural requirements for contested divorce in different jurisdictions, including rules for discovery and trials.