Contested Divorce
A divorce is considered contested when a party files for divorce without having a Settlement Agreement in place.
At the Northland Family Law, we see over 95% of our cases come to a settlement and don’t need a trial judge to make the decisions regarding dividing assets and custody of children.
When a divorce case is litigated in court, several steps will need to take place. After the Petition for Dissolution of Marriage is filed with the Court and served on the other party, the discovery process begins. Discovery is how the parties discover the truth about contested issues, such as the value and division of property, the income of the parties, and facts that could affect custody of children.
Discovery usually consists of interrogatories, requests for production of documents, authorizations for financial and other records, and depositions. Depending on how far a case is litigated before settlement, we may use all or only some of the discovery methods at the Marshall Law Firm. As you can imagine, the more contentious the parties’ positions are, the more discovery will take place.
The purpose of discovery is to discover the truth. When the truth is on the table, it is a good time for both sides to take an honest assessment of their positions and see if there is a solution that can be worked out. If discovery does not bring a settlement, it will provide the basis for evidence that will be presented to the trial judge to decide the issues in the case.
Contested Divorce
Before your case finally makes it to trial, the Court will require the parties to attend mediation to give one last chance at coming to a settlement. The parties almost always split the cost of the mediation. Some mediations only last two hours, but some can take much longer depending on the complexity of the issues and stubbornness of the participants.
While a vast majority of cases are settled, if after discovery and mediation the case is still not resolved, Northland Family Law has the knowledge, experience, and resolve to successfully take your case to trial.
If you have been served with divorce papers, or have decided that there is no other option but to end your marriage, we stand ready to help you get through the toughest time in your life.
Call us to get some peace of mind and to get an attorney to stand beside you every step of the way.