CONTESTED
DIVORCE
After a proper consultation with you and after obtaining the necessary documentation, your divorce attorney will contact your spouse or their legal representative to commence settlement negotiations, if it is appropriate, after careful consideration of the facts. In this regard, your attorney’s guidance is fundamental to ensure a fair and workable solution for you, your spouse, and your children.
Reaching a settlement agreement often takes time as it must address your immediate future needs as well as long-term concerns. As soon as a settlement agreement is reached, your attorney will request a hearing date from the court and the matter will be uncontested.
If, however, you and your spouse still disagree on the terms of your divorce settlement, then the divorce action is ‘contested’ and may lead to a trial. A trial may span several days in court to allow witnesses for both sides to testify in support of the relevant spouse’s claims. After hearing and assessing the evidence, the court will make a finding for the parties.
Unfortunately, running a matter to trial is a costly exercise and it could take several years before your matter is heard in court due to all the procedural requirements and the backlog of the courts.