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.