Abogados de Contested Divorce

Finding the Right Contested Divorce Lawyer in the U.S.

What Contested Divorce Covers

A contested divorce occurs when spouses cannot agree on one or more key issues, such as child custody, property division, or alimony. This type of divorce requires legal intervention to resolve disputes. Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce often involves court hearings and negotiations.

In the United States, contested divorces can be complex and time-consuming. The process might take several months to a few years, depending on the level of disagreement and the court's schedule. Having a skilled lawyer can make a significant difference in navigating this challenging situation.

When to Hire a Lawyer

• Disagreements over child custody or visitation rights
• Complex property or asset division
• Disputes over spousal support or alimony
• Concerns about hidden assets or financial disclosures
• Need for legal guidance through court proceedings

How the Process Works

The contested divorce process typically starts with one spouse filing a divorce petition. The other spouse then responds, often disputing the terms. Both parties gather evidence and may engage in discovery, which involves exchanging financial documents and other relevant information.

Negotiations and mediation might occur to try and reach a settlement. If these efforts fail, the case goes to trial. A judge then makes the final decisions on unresolved issues. According to the American Bar Association, only about 5% of divorce cases actually go to trial, as most are settled beforehand.

How Compensation is Calculated

• Hourly rates: Many lawyers charge by the hour, with rates varying based on experience and location.
• Retainer fees: An upfront fee that covers initial costs, with additional billing as needed.
• Flat fees: Some lawyers offer a fixed rate for handling specific aspects of the divorce.
• Sliding scale: Fees adjusted based on the client's income or financial situation.

Frequently Asked Questions

What happens if my spouse doesn't respond to the divorce petition?

If your spouse fails to respond, the court may grant a default judgment. This means the divorce can proceed without their input, often resulting in terms favorable to the filing spouse. It's essential to consult with a lawyer to understand the implications.

Can we settle a contested divorce out of court?

Yes, many contested divorces are settled out of court through negotiation or mediation. This can save time and reduce legal costs. A lawyer can help facilitate discussions and ensure your interests are represented during settlement talks.