Divorce wherein the spouses disagree on the terms of divorce gives rise to a contested divorce. A contested divorce is usually filed on the grounds of adultery, desertion, or cruelty.
In a contested divorce, the proceeding gets dragged, causing more significant stress and being emotionally tiring. The divorce is termed "contested" if one spouse wants to file for divorce while the other doesn't or in the case of at-fault divorce. This type of divorce can be challenging to deal with, including financially and emotionally.
Having a Divorce Attorney in Monroe, NC will ensure that your contested divorce is carried out without hassle. Here is what one can expect during a contested divorce:
The Petition:
The first step to any divorce is to file a divorce petition with the court. The petition should include details like the spouses' name, their address, date of the wedding, date of their separation, grounds on which the petition was filed, information on the child custody, etc.
Responding to the petition:
After serving the spouse with the divorce papers, the spouse should respond to the alleged claims in terms of divorce within a specified period. If the spouse doesn't respond to the petition, filing for a default divorce can commence. Additionally, if the spouse has their claims, they will have to answer the initial petition, file a counter-complaint to the court, and serve that to their spouse.
Disclosing all finances:
All financial assets are placed in front of the court so that both parties understand the financial aspect of their permanent split. It includes all bank account details, tax returns, debts, mortgages, investments, credit card bills, etc. Financial disclosure can help in deciding on matters like alimony, property split, and child support. This disclosure isn't optional.
Temporary court proceedings:
A contested divorce takes a long time and can go on for years, making it financially stressful. Several court hearings regarding various aspects of the divorce are also conducted; these court proceedings deal with matters regarding spousal support, child support, and visitation rights, requesting the other spouse to hand over evidence legally, etc.
Divorce hearing:
After not being able to reconcile on the grounds of divorce, request for a divorce trial. Both the parties and their lawyers, witnesses, and evidence will help try to put forward the case for the divorce. On hearing both sides, the court will pass the divorce decree that both parties should follow.
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