While an uncontested divorce may be preferable to a contested or negotiated divorce, unfortunately an uncontested divorce is not always possible. Contested matters are handled in a retainer basis where we bill on an hourly basis for work performed.
A contested divorce usually results from the following situation:
If your spouse refuses to cooperate with the divorce because he or she does not want a divorce, we can still help you get divorced. While your spouse not wanting to cooperate will change the process of the divorce, we can still help you. Your spouse may be spiteful and want to try and make the divorce process more difficult for you or he or she may hold certain religious beliefs that make it impossible for him or her to participate in the divorce process.
Merely refusing to cooperate will not prevent you from getting a contested divorce, so long as you have the right legal counsel with the necessary experience to help navigate the contested divorce process. First, we will file and then immediately serve your spouse with the summons and complaint. Then, we will see if your spouse defaults in appearance.
If your spouse defaults, we will potentially have to seek court intervention regarding any outstanding issues such as child custody, child support, spousal maintenance (“alimony”), and/or equitable distribution. If your spouse responds to being served within the statutory period of time, we will either negotiate or litigate a settlement, or proceed to trial.
You may not know what your spouse earns per year or what assets / liabilities he or she may have. If your spouse refuses to voluntarily provide you with this information, we can attempt to obtain this financial information through the process of discovery. There are many discovery tools available to us in a contested divorce, ranging from statements of net worth to interrogatories and depositions. In complex high net worth litigation, we may need to involve an asset search company.
If your spouse does not cooperate with discovery, the court may hold your spouse in contempt, which may carry consequences such as imprisonment, or may sanction your spouse financially. In most situations, defendants comply with our discovery demands. Once we know your spouse’s full financial situation, we can advise you as to your rights in your divorce regarding child support, spousal maintenance (“alimony”) and equitable distribution of marital property, assets and debts.
Unfortunately, parties do not always agree to the terms sought by the party who is seeking a divorce rendering the matter a contested divorce. A divorce is considered contested, in that it will require negotiation, mediation or litigation for the parties to resolve their differences. If you are merely seeking what the law provides as your rights and your spouse is refusing to agree to these terms, we can help you negotiate, mediate or litigate a settlement of the matter. The relevant terms that must be agreed upon are the divorce itself, the grounds for the divorce, child support, child custody, child visitation, custody / ownership of pets, spousal maintenance (“alimony”), who will be responsible for attorneys’ fees, and equitable distribution of marital property, assets and debts. We can help you get what you are entitled to even if your spouse is giving you a hard time.
Regardless of the reason why your divorce becomes contested, we are able to offer you the customized legal services that you need to help you have the best chance of getting the outcome you are seeking and what you deserve.
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