Some of the issues that are contested in a divorce proceeding of a contested divorce are as follows.
- Custody of children
- Child support
- Whether alimony should be paid and how much?
- Who should you repay the debts?
- The distribution of the acquired assets
It is acknowledged that a contested divorce has begun when the below mentioned procedure is complete.
- One of the spouses files a petition for divorce as this is the first step of taking divorce.
- This petitioner serves the other spouse with the divorce papers via a third party or a sheriff or by mail.
- The service of the divorce papers implies that the divorce can be contested or the various issues in the divorce can be contested.
In any divorce case, the spouses seeking divorce have an opportunity to talk with each other and settle the terms of the divorce amicably. If they fail to do so, they have to approach the court. This now becomes a contested divorce case. The judge decides how the various issues must be addressed. The future of these spouses is completely in the control of the legal system.
Lawyers play an important role in this sort of divorce. They are actively involved in a process called as Discovery. This comprises of demanding financial records, tax returns and bank statements of the other spouse. The lawyers also interview the client's friends, coworkers and if essential, the children and their teachers and coaches. An attorney should be kept in loop before taking any major decision as they have the complete knowledge about the laws prevailing in the state.
Those couples who decide to attend a trial need to wait for even 12 months to obtain a trial date. When this date approaches, the lawyer makes the essential plan for testimony of the client. In a highly contested case, it is recommended not to represent self, but to avail the services of a lawyer.
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