Whether you are filing for divorce or have recently received a divorce decree, there are some things you should know about preparing for a contested divorce. It is important to hire a divorce lawyer to help you during this process.
Child custody and visitation are the most contested issues in a divorce
During a divorce, child custody and visitation are among the most contested issues. These two issues can go back and forth for years, with a child spending time with one parent and the other with the other. These contested issues can also be very emotionally charged.
The court considers a variety of factors when making a custody decision. These include a parent’s lifestyle, stability, ability to care for the child, and the child’s wishes. The court may also consider the child’s current living situation.
Getting a good arrangement for child custody can save you a lot of stress. If you are in a contested custody dispute, you need to find a lawyer who can represent your interests. You will need to make sure that you put the needs of your children ahead of your own.
In a contested divorce, you can ask the court to change the custody order. In this case, the burden of proof is higher. This is because you must show that a significant change has occurred since the last order was made. Typically, the judge will approve your proposal if he or she finds it reasonable.
You should hire a lawyer for a contested divorce
Choosing a lawyer for a contested divorce can help you reach an agreement in a less stressful manner. It’s important to choose a lawyer who will work with you to ensure you get the best outcome. Using a lawyer can also save you money in the long run.
A contested divorce occurs when spouses disagree on the terms of their divorce. They may have issues with child custody, child support, alimony, or division of property. This type of divorce can take a long time to resolve.
A contested divorce will usually involve going to court and having a judge decide the terms of the divorce. It can take months to resolve a case, and it can cost a lot of money.
A contested divorce is recommended for couples who have significant assets. This can include cars, homes, bank accounts, retirement accounts, and debts.
Before you start a contested divorce, it is important to gather all the necessary information. Getting all your documents organized will make it easier for you and your lawyer to review them.
Preparing for a case management conference
During the process of a contested divorce, you will probably be asked to attend a case management conference. This is a way for you to talk to your attorney and other attorneys and parties involved in the case to see what steps to take.
In most cases, this is a quick and painless process. You’ll likely be asked to do things such as complete paperwork, sign court forms, and file documents with the court. Your case manager can also help you calculate child support and property issues.
You might be asked to produce relevant documents, such as bank statements, appraisals, and retirement investment statements. If you don’t bring these items, the judge may dismiss the case. The goal of this type of conference is to keep the case moving.
At this conference, the judge will discuss the state of your case and the requirements. In most cases, this is the first court appearance you will make.
The case manager will also give you some directions to the courtroom. If you need support people to accompany you to the conference, you can request them.
Uncontested vs contested divorce
Whether you are going through an uncontested divorce or a contested divorce, there are advantages and disadvantages to each. It’s always best to seek legal advice to help you make the right decision.
An uncontested divorce involves a simplified legal process. The couple will need to agree on major issues like child custody and property distribution. Having both spouses agree will greatly reduce the stress and costs associated with the divorce. The couple can also work outside the court system with a mediator to help facilitate communication between the spouses.
A contested divorce involves a more complicated legal process. The couple will need to work with an attorney to ensure that their legal rights are protected. In addition, the judge will review each aspect of the couple’s life to determine if they are eligible for a divorce. Oftentimes, couples will have to spend more money to have a contested divorce than they would for an uncontested one.
Both uncontested and contested divorces require that the couple wait a certain amount of time before the judge signs a final decree. This can vary depending on the state in which the divorce is filed. Generally, the waiting period is about the same.