With our team approach and experienced negotiation skills, our legal advocates can be the edge you need to tackle the complicated
process of contested divorce.
Often couples begin
the process of a contested divorce and then, before the actual trial, reach agreement.
Not exact matches
The division
of property and assets can potentially be the most
contested part
of your
divorce process.
If all
of the financial and child related issues are resolved, then the case will be considered an uncontested
divorce and the
process itself should be simple and move more quickly than a
contested divorce case.
If the responding spouse
contests any
of the allegations or claims made in the
divorce complaint or if the financial and child related issues are not resolved between the parties by agreement, the
process will take more time and require more legal work.
You can still settle «out
of court» at any phase
of the
contested divorce process.
It is an unfortunate aspect
of the
divorce process, but child custody is often a highly
contested issue.
In a
contested case for
divorce in New York, after one spouse files for
divorce, the often tedious and sometimes torturous
process of financial discovery in
divorce case begins.
When a married couple with children obtains a
divorce, one
of the more complicated and
contested parts
of the
divorce process is often child custody.
Part
of the
divorce process is your declaration that there is no further possibility
of reconciliation, whether the
divorce is
contested or uncontested.
In the family law context, Collaborative
Divorce is a
process that seeks to create an environment in which the parties, with the aid
of their attorneys, can address the issues presented as problems to be solved, rather than
contests to be won.
Most require that parents participate in a special parenting class as part
of the
divorce process, even if custody isn't
contested.
If you and your spouse are
contesting custody as part
of your
divorce, and the judge has decided that a custody evaluation is in order, you need to prepare yourself for a bit
of a
process.
In the
contested divorce process, both the parties will not get an equal amount
of the properties but it is assured that the judge issued the fair judgment.
Unlike in a
contested divorce, the spouses may choose to waive the requirements for service
of process because they have both already participated in writing and signing the joint petition.
When I help a client to complete an uncontested
divorce, the
process ends much faster, and the client leaves my office happier than they would have at the end
of a
contested divorce.
The complexities
of contested divorce require an experienced
divorce lawyer who can protect your rights and guide you with information and thorough communication throughout the
process.
With
contested divorces, it may take the couple a considerable amount
of time to go through the discovery
process, which requires the spouses to exchange information about the case.
This can be done through the
process of divorce mediation, in which one or two mediators help a husband and wife prepare their own separation agreement — a feat accomplishment without the customary adversary - style anger, rancor and «go for the jugular» mind - set that is customary in
contested divorces.
Differences include the amount
of time needed to establish residency in a state, the grounds for
contested divorce, whether a
divorce process can be bifurcated and whether your state has community property provisions in the law.
Since the spouses have agreed on everything up front, there is no need for the service
of process and hearing notices typical
of contested divorces.
I recently returned from a conference
of the International Academy
of Collaborative Professionals, where approximately 400 attorneys, psychologists, therapists, accountants, and financial planners from all around the world gathered to learn how to help families through collaborative
divorce (a
process where clients agree to settle their disputes privately and attorneys are contractually barred from bringing
contested issues in front
of a judge to decide).
By mediating your
divorce, you both take an active role in the outcome, reaching a settlement you both find fair.Doing so also allows you to avoid the contentious and expensive
process of a
contested (i.e. litigated)
divorce.
Collaborative law (also called collaborative practice,
divorce, or family law) is a legal
process enabling you and your spouse or partner the support, protection, and guidance
of your own lawyers in order to avoid the uncertain outcome
of court and to achieve a settlement that best meets the specific needs
of both parties and their children without the underlying threat
of contested divorce litigation.
In Massachusetts, the Probate and Family Court official time - standard for
contested divorces is fourteen months (under Standing Order 1 - 06)-- that is, the
divorce process, from filing to entry
of a judgment, should take no more than fourteen months.
Many
divorcing couples, unwed parents
of children and others involved in family disputes often find the no - court
process known as Collaborative Law a welcome alternative to the often destructive and damaging aspects
of resolving disputes or marital breakups through the traditional model
of contested litigation.
However, if you and your spouse
contest, or dispute, the terms
of your
divorce — or the reason for the
divorce itself — the
process may be longer and more expensive.
Mediation minimizes the emotional distress
of a
contested divorce by giving both parties control over their lives and the
divorce process.
As professionals concluding your
divorce or parenting matter in the mediation
process, the total costs
of your
divorce mediated with our assistance will almost certainly be significantly less than if you choose the ordinary,
contested, litigation approach to
divorce.
After years
of witnessing the often devastating fallout traditional
contested divorce litigation takes on the emotional and financial well - being
of families, a group
of more than sixty - five committed lawyers, mental health and financial professionals formed The South Palm Beach County Collaborative Law Group, an association
of attorneys, financial professionals and mental health professionals trained in the collaborative
process of dispute resolution.
In most cases starting a
contested divorce with a point - counterpoint airing
of dirty laundry can set the stage for a more hostile, more adversarial, and usually more costly
divorce process than is necessary.