How To Win a Contested Divorce
Although there are no sure fire ways of winning a divorce, there are a lot of things you can do to increases your chances of winning. When the parties involved cannot reach an agreement on certain issues, one will have to let the court decide what is best. This is called a contested divorce. Division of assets and custody of children are the issued that are commonly fought over. In this article we will discuss the process involved in divorce and how it is best dealt with.
The court will have to listen to both the parties or the lawyers representing them before making a decision. This is why it is important to get a lawyer who is very convincing. A lot of work is involved before the case is presented before the judge. After the divorce petition is served, you will go through the discovery phase. You will have to prepare a lot of documents regarding any issue you want to resolve like bank accounts, children, etc. before going to the court. You can consult lawyers and child custody attorneys for advice on how to go about getting a divorce.
If your spouse does not respond to the petition within 30 days, he/she will be in default. This will result in you getting a default judgment of divorce. When you are unable to locate your spouse you can print a notice on the newspaper and wait a certain period of time as specified by your state divorce law before proceeding with the divorce. Divorce legal advice should always be taken from professionals, as they will know about the most recent modifications in law, if any, which can be used for your advantage.
Law allows spouses to get any information necessary for resolving issues like details of marital assets, total income, etc. Divorce legal advice will generally tell you to resolve as many issues as possible between yourself. During contested divorce, the lawyers generally do the talking as they feel the clients may get emotional and say wrong things. The lawyers or child custody attorneys have the right to include witnesses, cross- examine the witnesses and make closing arguments in the court. The lawyers will need to do all they can to convince the court and getting a bad lawyer can spell doom for the party involved in a divorce.
As contested divorce is a complex process, it is hard to say how long it will take. By making sure you have the right evidence to prove your point. If your spouse is aggressive, you can get a restraining order against your spouse. The court will grant temporary orders for child support as well as alimony during the period of the divorce. As the lengthy process of contested divorce can drain couples both financially as well as emotionally, most couples are now choosing the mediation route. Another reason why mediation scores over litigation is because contested divorce can be very lengthy and there is no guarantee when it will end.