What Is a Contested Divorce?

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The Uncontested Divorce (Everyone agrees on all issues)

Divorce is a stressful and emotional time to go through. We see many different divorce scenarios, each unique and different with a host of various marital problems, each unique to every couple. 

We have seasoned, experienced, skilled, and understanding attorneys who handle contested and uncontested divorces in two states, Indiana and Kentucky. But, first, we need to say that most divorce situations are uncontested. 

An uncontested divorce means that both partners agree that they want to end their marriage. Many uncontested divorces end amicably with each partner agreeing on vital issues like finances, debts, and children. Yet, other uncontested divorces are complex because the spouses cannot agree on any point and constantly fight.

The Contested Divorce (Neither spouse agrees on any issue)

The other type of divorce is known as a contested divorce. In these situations, either the husband or wife wants a divorce, but the other spouse does not want to end the marriage. A contested divorce brings with it its own set of unique problems. Spouses in a contested divorce cannot seem to agree on the crucial issues facing them. 

Divorce Laws in Kentucky and Indiana

The divorce laws in most states are similar. The bottom line is the protection of the rights and interests of each spouse. Each type of divorce is complex. The contested divorce is more challenging and presents a higher level of emotional stress. Please know that an uncontested divorce proves a quicker process than a contested divorce. Seldom do spouses agree on issues surrounding divorce. 

A spouse can contest the whole divorce process, disagreeing with one or several issues. All divorces face many of the same problems no matter what state. Basic issues include,

• Division of assets and debts
• Children
• Financial support
• Visitation rights

The issues become complicated and complex during a contested divorce. For example,

• Should support be paid, and to whom and what amount?
• How is the pension split?
• Who gets the house and vehicles?
• Who must pay what debts?
• Who gets the family pets?

The following are points of interest in a contested divorce.

• The divorce may take months or years to finalize
• Creates increased anxiety
• It takes an emotional toll on both partners, children, family, friends, co-workers. 
• Damages the health and wellbeing of children
• Situations become awkward
• Friends and family may not want to be around either spouse.

Our seasoned attorneys know that a contested divorce can be a simple process once both spouses agree on essential issues. However, contested divorces, depending on the problems, can take months to years to finalize. Once this becomes a reality, we conclude the steps toward divorce.

• We draft the settlement agreement and present it to the court for approval.
• Couples may be required to attend a quick meeting.
• Sometimes the judge reviews the settlement and signs off with no meeting required.
• Provide proof to back your claims for divorce, such as, but not limited to, asset and debt information, income, child information, and more
• You meet with your attorney to decide the best way to proceed.
• Without complete cooperation between spouses, there may be required negotiations, arbitration, and a trial as a last resort.
• We prepare and file the required paperwork with the court. These papers could include the initial complaint, a summons, child custody requests, temporary spousal support, and more, such as a temporary restraining order in an abusive relationship. 
• The next step is to notify your spouse of the intent to divorce legally. Someone else must deliver this paperwork, such as a process server, a sheriff’s deputy, or certified mail. And follow the proof of service.
• File proof with the court
• The spouse served has 21-30 days to respond. No response means you must seek a default judgment, and the court approves the divorce on your terms. The served spouse likely responds in a contested divorce. 
• Once the court receives initial paperwork from both spouses, they must exchange detailed information with each other.
• Marital information is disclosed, such as assets, property, income, debts, children, pets, financial support, and more. Sometimes, spouses must experience depositions, interrogations, and more. You cannot hide any personal assets because if caught, your fines could be heavy. 
• A settlement is designed through mediation in a give and take effort to relinquish one item for another. The goal is for both parties to agree on issues. The divorce cannot be finalized until both parties agree on issues. 

What makes a Contested Divorce Increasingly Complicated?

• Ownership of a business
• Large amounts of assets
• Complex issues
• Disagreements

Why Do Contested Divorces End in a Trial?

Contested divorces end up in a trial because the couple cannot agree on solutions, so the judge must make these decisions. You must present evidence to the judge that supports your point of view. We will call witnesses on your behalf and present supporting evidence. Most times, the couple is unhappy with how the judge makes these decisions. 

You have a right to file a disagreement about these decisions within 30 days. Your partner has 30 days to respond to your motion. Couples present an oral argument before the judge makes a final decision. The decision can be a reversal or an affirmation.

*A reversal means the courts send the case back to trial for proceedings

*Affirmation means the case is over

How Long Does It Take to Finalize a Contested Divorce?

All cases are different. Cases depend on their complexity, unresolved issues, and the level of cooperation between spouses. Contested cases can take months to years. It all depends on the couple, emotional status, financial resources, and a will to fight onward. 

A Call to Action for Help with a Divorce

Our attorneys at CLLB Law are seasoned and experienced in all facets of family law and divorce in the states of Kentucky and Indiana. 

If you have a divorce looming in your thoughts, give CLLB Law a call today at 812-286-2735. Then, access our website for more information, our locations, and our hours. We want to hear your story and help you live a better quality of life after divorce. 

These New Albany Divorce Lawyers have two main objectives. First, they protect you and your children’s rights. Second, we strive to see sensible agreements reached on all issues by both spouses. We will help you to prepare emotionally and mentally for a possible contested divorce. We can help you in your steps towards finalizing a marriage that no longer works for both parties. We remain at your side and walk this journey with you from start to finish when the judge finally signs your divorce decree.

Courtney P.

I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!

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