A contested divorce is a divorce where both parties cannot or have not agreed on at least one issue to be decided in the divorce. The contested issue could be any issue that must be decided in a divorce, including child custody, property division, alimony, or child support. While we encourage clients to try to reach an agreement, this is not always possible or appropriate for the given case. If your case is contested, you can expect it to be a long and difficult process. However, the contested issues are likely the most important issues in your life, and must be dealt with appropriately. We can help guide you through this difficult process.
The Complaint
A contested case begins with the filing of a complaint, just as any civil lawsuit. Once the complaint is filed, it must be personally served on your spouse by the sheriff or a court approved private process server. If you have received service of a divorce, do not be alarmed. This is a normal procedure and must be accomplished in order to begin the process. However, you will only have 30 days from the date you were served in which to answer the complaint, so you must act quickly to retain counsel if you have not already done so. As with any lawsuit, divorces have a plaintiff and a defendant. There may be strategic advantages to either situation, and if you are the one thinking of getting a divorce, we can discuss which may be better for you. One primary advantage to filing first as the plaintiff is that you can present your case first at trial.
Temporary Hearing
After the complaint is served and an answer is filed, a temporary hearing is often the next step. If you have a contested case, there will probably be issues that must be resolved on a temporary basis prior to a final trial. If so, we may request a temporary hearing. At the temporary hearing, the court will set temporary guidelines directing how the parties must treat issues pending the final resolution of the case. The temporary hearing will usually address child custody, child support, parenting time, alimony, treatment of debts, and possession of property such as cars and the marital house. The court’s decision as to how these issues are handled will not be final, but will only control until the final hearing.
Discovery
Discovery is the process by which each party is allowed to obtain detailed information from one another through a variety of processes. This information may be obtained from the opposing spouse or from third parties with information or documents relevant to the case. Most often, we will send written questions called Interrogatories, written document requests called Requests for Production, and conduct a deposition of your spouse or other parties with relevant information.
Mediation
Every divorce in Savannah must be mediated prior to a final hearing or trial. Chatham County has a standing order requiring that all divorce cases be mediated. Mediation is a structured settlement conference with an independent third-party neutral acting as mediator. The mediation generally consists of the two parties sitting in separate rooms with their attorneys, sending messages related to settlement back and forth through the mediator. You are not required to settle your case at mediation, but you are required to attend and participate in good faith. Many cases are settled at mediation. However, if your case does not settle at mediation or any other time, you will be required to have a trial.
Trial
A trial can be in front of a judge or a jury, depending on your case. For more information about when a judge or jury will hear your case, see our discussion on the issue here. At trial, each side will present witnesses and cross examine the opposing witnesses. After hearing both parties witnesses and considering the documents presented at trial, the judge or jury will come to a decision on all contested issues. Unless your case is appealed, this should be the end of your case, and your divorce will be finalized.