What Does a Contested Divorce Lawyer Do?

When the parties cannot agree on all issues, a contested divorce is where they ask a judge for a follow-up order. Although this type of divorce is more complicated than litigation, it can usually be completed in a shorter time. Both spouses do not have to go to court. However, both sides will have a contested divorce lawyer representing them. These lawyers can help you negotiate a settlement that is beneficial to both of you. You should hire one if you are considering a contested divorce.

The spouses have two options when filing for a contested divorce: they can agree to a settlement or file suit. Most cases can be settled through collaborative negotiations, which involve a mediator. The contested divorce lawyer will draft the agreement and submit it to the court. However, if the couple cannot agree, the mediator will need to stop providing legal services and start a new divorce case.

Uncontested divorce is more complicated than contested and can be characterized as conflicting demands. In a disputed divorce, the spouses disagree on the grounds for the divorce, which is referred to as "contested divorce." In such a case, a judge will sign a separation agreement. The mediator will refer the contested issues to the judge if the agreement between spouses is not reached as a compromise.

When the spouses are unable to agree on the terms, a contested divorce is possible. The spouses will use discovery tools to discover the truth about the other. The judge is more likely to award the spouse less than what the spouse claims. In this case, the divorce will proceed to a contested hearing. However, before final judgment can be reached, both the parties must agree to a specific settlement.

A contested divorce lawyer will conduct a discovery process. The attorneys will gather relevant information regarding the divorce issues during this process. These documents may be obtained through written interrogatories, admissions of fact, requests for production of documents, and in-person depositions. A spouse may be required to testify in a contested divorce. This will help determine the terms of the divorce.

A lawyer who is experienced in contested divorce proceedings will assist the couple in determining custody and visitation. The judge will decide which parent is best for the children. He will consider the physical and emotional needs of the children, the ability to provide for them, and the wishes of the child. The court will decide whether the divorce is in the best interest of the children. If the disputed issues are related to the child's custody, a contested divorce lawyer will help the child custody case.

Law Office of Russell D. Knight

1165 N Clark St # 700, Chicago, IL 60610, United States

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