There are times when one spouse is ready to dissolve the marriage while the other is not. There are also situations where both parties agree to a divorce but drastically disagree on the terms. These “contested” divorces can require significant litigation to resolve.
If you are facing the prospect of a contested divorce, the guidance of a seasoned divorce attorney at Schiller & Hamilton could be vital to your success. If you fail to adequately protect yourself during this process, you could find your rights related to your personal property, or even your children are at risk. Let a Beaufort contested divorce lawyer help you pursue a fair outcome in your case.
What is a Contested Divorce?
Courts generally prefer for both sides to reach an agreement during the divorce process. Unfortunately, that is not always an option. Many separating couples see their rights and obligations very differently, and disputes over child custody or marital property can be extensive.
A contested divorce is a type of proceeding where the spouses are unable to reach an agreement on at least one major issue involving their separation. While streamlined “simple divorces” are an option under the law, they are only viable for couples who are able to agree on every issue. A single dispute could require the court to step in.
There are countless important issues that must be resolved in a divorce. These issues include:
- Child custody and visitation
- Child support
- Spousal support
- Property division
- Grounds for the separation
A Beaufort contested divorce attorney could evaluate each of these issues and advise a spouse on the likelihood of resolving it out of court.
For a free legal consultation with a contested divorce lawyer serving Beaufort, call 1-803-366-0333
Steps in a Divorce with One or More Disputes
In a contested divorce, the spouse that opts to initiate the separation must file the summons and complaint in the appropriate court. If the plaintiff lives out of state, the complaint must be filed in the defendant’s county. Otherwise, the plaintiff has the option of filing in their own county or in the county where the couple last lived together.
Notifying the Other Spouse
Because of the Due Process Clause of the United States Constitution, the law forbids a person to move forward with a divorce case without first formally notifying their spouse. Once the spouse has received notice, they have the chance to file their answer to the complaint and dispute any of the allegations with which they disagree.
Discovery
During the separation, both sides are likely to delve into the process of discovery. Discovery allows both spouses to evaluate the evidence the other spouse might use at trial. This could be done using written interrogatives, document requests, or even depositions. Along the way, the parties might find some common ground to resolve important issues in the divorce.
Trial
Any remaining issues must be dealt with at trial. After both sides put on their evidence, the court will have the final say. The judge overseeing the case will issue a final order determining all of the outstanding issues in the case. For help understand the steps to take in a contested divorce, it is highly recommended to reach out to a Beaufort attorney right away.
Beaufort Contested Divorce Lawyer Near Me 1-803-366-0333
Talk to a Beaufort Contested Divorce Attorney Today
Separating from a spouse can be stressful, but there are ways to reduce the challenges that come with this process. Chief among those strategies is hiring a trusted attorney to serve as your advocate. Your Shiller & Hamilton attorney could greatly simplify the challenges standing before you. Reach out to a Beaufort contested divorce lawyer today to learn more.
Call or text 1-803-366-0333 or complete a Free Case Evaluation form