Key Steps Involved in the Contested Divorce Filing Process

A contested divorce occurs when spouses are unable to agree on one or more key issues such as asset division, child custody, child support, or alimony, requiring the court’s intervention to resolve the disputes. The process typically begins when one spouse, known as the petitioner, files a divorce petition with the appropriate court, formally requesting the dissolution of the marriage and outlining the grounds for divorce. This petition is then served to the other spouse, known as the respondent, who must file a formal response within a specified timeframe, usually around 30 days. The response may either agree with or contest the terms set forth in the petition. If the respondent contests any part of the petition, the divorce officially becomes contested and proceeds to the next phase. Following the initial filings, the discovery process begins. This is a critical stage where both parties exchange relevant information and documents.

Discovery can include written questions known as interrogatories, requests for documents, and depositions, which involve giving sworn testimony under oath. The purpose of discovery is to ensure transparency and allow each side to gather evidence that supports their claims regarding financial matters, custody arrangements, or any other disputed issues. This phase can be lengthy and complex, especially if either party is uncooperative or if the marital estate is substantial. Once discovery is complete, the court may mandate mediation or another form of alternative dispute resolution. Mediation involves both parties working with a neutral third party to attempt to settle the issues outside of court. Although mediation is not always successful, it is often a required step intended to reduce the time and expense of a full trial. If the parties reach an agreement during mediation, the terms are documented and submitted to the court for approval. However, if mediation fails, the case proceeds to a pre-trial conference.

At the pre-trial conference, the judge reviews the issues that remain unresolved and may attempt to narrow the scope of the trial by encouraging settlement on less contentious matters. The trial itself is the final step in the contested divorce process. Both parties present their arguments, submit evidence, and call witnesses to support their positions. The judge considers all the testimony and documentation before making legally binding decisions regarding property division, custody, and support. Depending on the complexity of the issues, the trial may last several days or even weeks. After the trial concludes, the judge issues a final divorce decree, Contested divorce process which formalizes the end of the marriage and outlines the specific terms of the divorce. Either party may appeal the decision if they believe there was a legal error, though appeals can be costly and time-consuming. Overall, the contested divorce process can be emotionally and financially draining, often taking many months or even years to resolve.