UNDERSTANDING CONTESTED DIVORCE

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Divorce is a highly complicated process. When two people are separating, they are also diving up the life they have built together. It includes division of assets, spousal support and child care (if children are involved). When you are headed towards a divorce, you might have many questions in mind. Finding the answers to these questions can help you move forward with ease and a clear mind. Scarborough Divorce Lawyer Offering Free Consultation can help you get the answers you are looking for. They understand how daunting the process can be. Hence, having a free consultation will help you get the answers and clarifications you need. They will educate you about the process and try to make it as simple as possible. Divorce is not always mutual. There can be times when both parties fail to come to some agreement. When this happens it becomes necessary to use the path of formal litigation to protect your rights. This type of divorce is referred to as contested divorce. Here is all that you need to know about it.

What is a contested divorce?

Divorce is said to be contested when the parties involved have failed to agree on specific issues relating to the divorce. The contested issues are often crucial, like child support, division of assets, spousal support and child custody. When there is a contested divorce, the time taken to settle it can be longer. It is usually because these proceedings are highly complex. A contested divorce can be settled with or without trial. If it ends up going to the trial, the judge will be the person who will dictate the final terms of the divorce. It is possible that the decision of the judge might not align with the priorities of the couple.

What is the procedure of a contested divorce?

To mark the start of the process, one of the partners file the divorce petition. The issues like child support and custody, spousal support and property equalization will be laid out when the petition is being filed. As preparing the petition can be highly complex, you must reach out to a highly experienced lawyer. Once the application has been filled with the court, it will then have to be served to the other party by the applicant. The notice is to be served by someone personally. It can’t be done by the applicant. After the notice has been served, it needs to be responded to by filing the answer within 30 days. When there is a failure to respond to the notice, it will enable the proceedings to go and the decision would be made in the favour of the applicant.

The judge might request the couple to settle the case out of court or give their marriage another chance, before the divorce moves to court. If there is reluctance from either of the parties, then they are eligible for divorce and can go into the court phase. When the divorce proceedings reach the court both parties will have to hire a lawyer to help to gather information and prepare for the court hearings. Both spouses must attend the hearings.