Divorce Contested with Children 2017-09-06T04:02:08+00:00



A contested divorce with children is a situation where one or both spouses dispute or disagree with one or more, of the many arrangements needed in a divorce and with the custody of the minor children. It only takes one unresolved issue to turn an otherwise uncontested divorce into a contested divorce.

A contested divorce proceeding takes much longer to resolve and often includes higher levels of stress and higher legal fees, which further add to the already high-stress levels associated with a divorce.

With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized. This includes more involved and complicated discovery and tertiary costs related to the investigation to gather facts, depositions, or expert witnesses if it comes to that.

During the settlement phase, it is still possible—and typically encouraged—that spouses are able to resolve their issues. In the meantime, however, the divorce case is on a one way “conveyor belt” headed straight to trial. If settlement fails, the final destination is a Trial where a Judge—a complete stranger—decides what is best for you, your life, and kids.

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In a contested case, our office prepares for trial at the same time settlement negations are taking place so that your case is adequately prepared for trial should the need arise. It is often said that a divorce trial is usually expensive. The truth is the day of the trial itself is relatively inexpensive compared to the months leading up to trial due to trial preparation.

While we do encourage our clients to settle if it is reasonably in the realm of possibilities, we still represent our clients to the best of our ability and prepare for trial in the background in the long run. However, sometimes settlement is just not possible.

During a divorce trial, both side’s attorneys will get an opportunity to question both spouses, under oath; present exhibits; question witnesses; make their case; and give closing arguments. After the trial is over, the Judge will take the facts under advisement for a few days—or even weeks. Once the Judge has made his ruling, a final Decree of Dissolution will be signed by the Judge, which will officially divorce the parties and settle all disputed issues between the two divorcing parties.

Divorce is complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer at RS LAW, L.L.C. who can inform them of their legal rights and ensure they are fully protected.