Contested Divorce Lawyers

If you and your spouse cannot agree on the key terms of your divorce, you would need to take your case to court. Even though it is far from optimal, it may be what you have to do in your case. If you are involved in a high-conflict divorce, it is essential that you not try to go it alone. You need an experienced divorce attorney who has trial experience who can help you strategize for a hearing and present your case in court.

What Is a Contested Divorce?

A high-conflict divorce means that the court needs to rule on matters in dispute between you and your spouse. This type of divorce could ultimately involve a hearing in front of the judge, where you present evidence and witnesses as part of your case. You would need to go through an entire litigation process before you actually reach the inside of a courtroom.

The following issues could be litigated in a divorce:

As much as you may want a low-conflict divorce granted after a settlement agreement, it takes two spouses to resolve the matter amicably. There is only so much that one can compromise, and it is still in their best interest. If the other spouse simply will not be reasonable in settlement negotiations, you may have no choice but to litigate your case.

What Happens in a Contested Divorce?

A litigated divorce proceeds like practically any other controversy in front of the court. You must go through an entire litigation process before you can reach the inside of a courtroom, and the pre-trial process can take many months to get to that point.

The steps in the contested divorce process are as follows:

  • Filing the legal petition: One spouse begins the divorce process by drafting a petition through their attorney and filing it with the court. They must also serve the petition on the other spouse within 21 days after it is filed.
  • Answer: The other spouse is required to file an answer to the divorce complaint within 21 days of being served, or 30 days if the spouse is out of state.
  • Temporary Orders: A judge may need to address certain issues immediately, such as custody disputes and pressing financial matters.
  • Discovery process: Like any other type of litigation, a high-conflict divorce will have a robust Discovery process. Each spouse will have the right to gather information from the other, and they must make full disclosure of matters relating to their finances. Both the spouses and the witnesses testifying on their behalf may be subject to depositions conducted by the other spouse’s attorney.
  • Settlement negotiations and mediation: Contested divorces can become uncontested when the spouses agree on the key issues before the case goes to trial. You may find it useful to engage in divorce mediation, where you can speak to the other spouse with the help of an experienced professional.
  • Trial: If the spouses are unable to resolve the disputed issues amongst themselves, a judge will hear their case and review the evidence before making a decision and granting the final divorce order.

As you can see, a contested divorce can be a drawn-out and stressful proposition, but it is one that you may have no choice but to undertake.

What Factors Affect the Timing in a Contested Divorce?

It is difficult to tell you in advance how long your contested divorce may take. Many factors could impact timing that are completely outside of your control. It is not uncommon for a high-conflict divorce to take more than a year from beginning to end.

Some things that could determine the timing of your divorce could include:

  • The court’s docket: If a court or judge has a busy schedule, your case could take longer.
  • The judge’s individual preferences: Some judges may have their own individual preferences for how and when they set timelines and deadlines
  • The number of issues involved in the case: if there are more things to resolve, both the litigation process and the actual hearing could take longer.
  • The complexity of the Issues Involved: Cases with more complicated issues, such as when there is a business that needs to be valued, can lead to a longer timetable.
  • The attorneys’ involvement: When an attorney is involved in your case, it could increase the chances that filings are correct, and the court would accept them.
  • Settlement negotiations: A settlement agreement could eliminate the need for a trial. However, engaging in mediation could also lengthen the amount of time to a trial

In the end, the court will set the timetable for the trial, and it may not be what you want. If you end up in a contested divorce, the process could unfold over an extended amount of time.

While there are many cons involved in a contested divorce, it is hard to say that there are any pros. However, a contested divorce may be a necessity that you cannot avoid. There may be gaps that are too wide to bridge in negotiations, or the other spouse can act in a completely unreasonable manner. There are times when you may have no choice but to litigate the case and have a judge dictate the resolution.

Why You Need an Attorney for a Contested Divorce

You do not simply walk into court and present your case to the judge. If you did, you would be in a difficult legal position without evidence and persuasive arguments. Family court judges in Kansas want to see well-reasoned arguments and persuasive evidence. They may not be as receptive to cases that are not crisply presented to them, no matter how strong you believe your case is.

Preparation is the key in any litigated matter. An attorney can help you develop your case before you present it in court.

A divorce lawyer can help you in contested litigation by doing the following:

  • Drafting legal filings: Part of the way that you explain your case to the judge is through written filings with the court. Your divorce lawyer would draft the petition, answer and motions in your case, so they are professionally presented to the court.
  • Discovery: One of the key parts of your case is when you request and exchange information from and with your spouse. The evidence that you would obtain can form the basis for your case.
  • Negotiating with your spouse’s lawyer: Just because a divorce begins as contested does not mean that it will end that way. You could also reach a settlement at any point before your case goes to trial, and it is the most common outcome.
  • Trying your case in court: In the rare event that your case goes all the way to trial, your attorney would present your evidence at a hearing. They would question you and your witnesses, while cross-examining your spouse and their witnesses.

You should get help from an experienced divorce lawyer under every circumstance. You may  even be able to avoid a high-conflict divorce when there is a lawyer who can handle all issues on your behalf and keep you as removed from the process as possible. If you have no other choice but to litigate, you would certainly need a divorce attorney,

Contact a Kansas Contested Divorce Law Today

The attorneys at the Colgan Law Firm, LLC can provide you with pragmatic legal representation that can be hard-hitting when necessary. If you are engaged in a high-conflict divorce, and you need to fight, you must have an attorney with extensive experience in the courtroom and the litigation process. It is essential that you contact a divorce attorney early in the process to actually lower the chances that you would have a litigated and contested divorce. You can schedule an initial consultation with one of our attorneys by calling us today at 913-721-9999 or by messaging us online. We represent clients in Wyandotte, Johnson, and Leavenworth Counties and the surrounding areas.

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