Legal Steps in a Contested Divorce
A contested divorce involves procedures to dissolve a marriage in which the parties do not agree to the terms of settlement. In contested divorces, individuals follow a series of steps, which typically range from the need to meet with an attorney, through filing a petition, proceeding through a discovery phase, at times negotiating settlement, continuing with trial, and proceeding through the trial resolution. The Duke Firm, PC explains the steps in a contested divorce for Sugar Land couples considering separating from their spouse.
Meeting with an Attorney
Though not required, it is highly advised that meeting with a divorce attorney be a primary step in a contested divorce. The lawyer can help you organize your efforts, gather basic information, gather evidence, and prepare for the future proceedings.
Petition
When the decision to pursue divorce is made, a document needs to be filed. This is called the Original Petition for Divorce. This must contain certain information, and varies in length depending on the individual circumstances. The Petition is filed at a court in your county of residence. It is eventually delivered to the spouse, typically by sheriff or constable in what is termed a service.
Discovery
When the paperwork is filed, the discovery process begins. In this process, information is gathered toward supporting the case of the individual against the other. Formal discovery procedures may included requests for disclosure, oral depositions before a court reporter, written interrogatories, or more. It may likewise include requests of official documentation, including bank records, property information, and the like.
Mediation and Settlement
When the discovery phase is complete, an effort is made to reach settlement of the contested divorce. An unbiased mediator (either appointed by the court or privately by the divorcing spouses) hears the issues and tries to help facilitate a negotiated settlement. If this is reached, it is presented before the judge, and used toward the final divorce ruling. If settlement is not reached, the case continues to trial.
Trial
If settlement is not agreed to, the contested divorce continues to trial. Witnesses are brought, testimony is made, and an often difficult and painful trial takes place. A ruling is eventually made in the case. This is put into writing in a Decree of Divorce. The parties eventually bring this for signature and follow the ruling provided. Motions for appeal can be made to retry the case. However, these may likely incur a great deal more expense and time.
Sugar Land Contested Divorce Lawyer
Contested divorce in Sugar Land can be a very difficult, painful, time consuming, and expensive procedure. It is highly advisable that individuals involved in a contested divorce utilize the services of a Sugar Land attorney. Contact a law firm with a strong history of effectiveness, expedience, affordability, and customer service.
Call the Duke Firm, experienced divorce and Sugar Land separation attorneys for a free consultation at 888-314-5720, or use our web based contact form.
