A contested divorce is when both parties disagree on the terms of separation. This type of divorce is usually more contentious and can take longer to finalize than a non-contested divorce. One common disagreement occurs in regards to which spouse will be considered the “habitual residence” for tax purposes, and therefore whose income will be taxable. Other marital property disputes may arise regarding items such as retirement benefits, property division, and child custody. You better choose an experienced divorce lawyer for men houston to ensure that things go further in your interest.
However, many people don’t realize that there are two types of divorce: uncontested and contested. An uncontested divorce is typically quicker and less expensive than a contested one as the couple has agreed to split assets and debts. A contested divorce is not as simple as an uncontested one, involving disagreements about how to split assets or debts.
Let us now see the steps involved in a contested divorce.
What are the Main Steps Involved in a Contested Divorce?
Filing an original petition
Filing an original petition in a contested divorce is often the first step in filing for divorce. If you are considering getting a divorce, it’s essential to understand the process and what will happen before, during, and after it. An original petition is the first step of the process because it will lead to one or more hearings before a judge.
Temporary restraining order
A temporary restraining order is a legal order that can be put in place as part of a contested divorce to prevent either party from doing something. A TRO can be used to stop someone from selling their house, taking children out of the area, or changing the locks on the house. The courts may use TROs to protect one person and make sure that they don’t do anything against their agreement without getting permission first.
Temporary orders are the initial decisions made by a court to take care of custody, support, spousal maintenance, and property division. These orders are typically temporary because it is necessary to have a trial to fully determine the outcome so that there is finality for all involved parties.
Discovery and property division
The discovery process in a contested divorce involves both parties and their counsel exchanging information and data about specific areas of the marriage and its eventual dissolution. Property division in a contested divorce is often something that one party may be looking forward to after the divorce. The partner attempting to leave does not have to worry about being left with everything or without enough if their partner contests the proceedings because the property will be divided by a judge.
Many couples in the United States are facing divorce. However, in many cases, they cannot agree on the major issues in the marital estate. This is when mediation comes in handy. A mediator can help guide each party to come up with a mutually agreed upon solution to the divorce.
A final trial in a contested divorce will consist of the same steps as a mediation or settlement trial, but with each party presenting their case in front of a judge. The judge will then make a ruling to determine the outcome of the divorce.