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Email Us NowProviding Valuable Legal Advice to Clients Going Through Difficult Divorces
If a divorce is inevitable, it is preferable to try for an uncontested divorce. However, this is not always possible. Divorcing couples are not always in agreement on key matters related to their divorce case, and any disagreement could result in an amicable divorce becoming contested.
Typically, a contested divorce is settled in court and is overseen by a family law judge. When going through a contested divorce, both the husband and wife are recommended to retain individual legal representation to present their cases in front of the judge. Having an experienced contested divorce lawyer in your corner can make all the difference in cases such as these, where there is so much to lose.
Contested divorces are relatively common. It is difficult for divorcing couples to agree on all matters related to their divorces, after all. Hopefully your contested divorce does not become a high conflict and result in you and your soon-to-be ex-spouse at each other’s throats. If things get that nasty, you definitely need a contested divorce attorney to represent your interests.
Bailey & Terranova is a family law firm with over nine decades of combined legal experience assisting clients in complex family law cases. Divorce matters can always be difficult to resolve, but especially so when things get contentious and result in litigation. If you’re on your way to a courtroom trial, you need to speak to our law office about hiring our attorneys as your legal representatives for your divorce proceedings. Schedule your initial case evaluation today to discuss your legal options going forward.
What Disagreements Commonly Lead to Contested Divorces?
The divorcing spouses must be in agreement on all terms relevant to their divorce case in order for their case to proceed as an uncontested divorce. If there is one or many disagreements, then the case becomes a contested divorce.
The following are common causes for contested divorces:
- Alimony (also known as spousal support or spousal maintenance).
- Business interests.
- Child custody of minor children.
- Child support obligations.
- Fair division of debt.
- Financial accounts.
- Home and property ownership.
- Property division.
- Visitation rights.
In some divorce cases, one spouse may seek to recover more assets than perhaps they deserve. If it is not possible to settle matters with the help of a mediator or your divorce attorneys, it may be necessary to take your case to trial.
What is the Contested Divorce Process?
When a couple decides to end their marriage due to any marital issues or allegations of wrongdoing, they are expected to reach a divorce settlement together. If they fail to reach a settlement, the litigation process for contested divorces begins.
At the beginning of the contested divorce process, both spouses will assert their claims and defenses. The purpose of these pleadings is to put all parties on notice and provide family law courts with all relevant information. These pleadings can seek a request for relief from the court, as well as address matters like the division of marital property, child support obligations, child custody arrangements, and alimony.
The spouses then go through a formal discovery process wherein each spouse will seek to uncover as much information about their soon-to-be ex-partner through the use of interrogatories, requests for documentation, and requests for admissions. Relevant witnesses may be deposed during the discovery process. Hiding assets during discovery can be met with harsh consequences.
Once discovery is completed, a trial date is set by a Michigan family law circuit court judge. Mediation may be ordered, and an effort may be made to help the parties resolve their differences, but this is not always successful. If mediation and future negotiations fail, the divorce case will go to trial. It is during this stage that you must retain professional legal counsel to represent your rights and responsibilities.
Does Your Contested Divorce Case Have to Go to Trial?
Even in a contested divorce, it is possible to avoid the need for a costly courtroom trial. If your divorce lawyer is successful in negotiating a new agreement with your spouse’s attorney, the case could be resolved prior to trial.
Trials should be avoided, if at all possible, as they add unknown amounts of time and fees to divorce cases. They are also very stressful and emotionally charged, especially if kids are involved.
Why Are High-Asset Divorces More Complicated?
Divorce cases are made all the more complex if there are substantial assets involved. When wealthy couples or couples with large estates divorce, there are many financial matters and other factors relevant to Michigan’s equitable distribution laws to consider.
As your diverse attorneys, our highly skilled legal team can help divide your valuable assets, including business assets, pensions, real estate property, investment portfolios, stocks, bonds, retirement accounts, luxury vehicles, and art collections.
Schedule an In-Depth Consultation with Experienced Divorce Attorneys Today
A contested divorce lawyer can help you through the divorce proceedings in several different ways. There are complex personal dynamics in contested divorces, and your lawyers have experience handling these dynamics as part of their day-to-day jobs. Divorce lawyers also have experience handling substantial assets and asset management. In addition, the legal experience of divorce attorneys can be invaluable during litigation and courtroom trials.
Our law firm has extensive experience representing clients in a number of different family law cases, including contested divorce cases. To learn more about our legal services, please get in touch with our law firm to schedule your initial consultation today. You may reach us at 517-236-7187.