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A divorce case involves many issues such as a division of assets, awarding support and determining custody. When any of those terms are not agreed to, the case is contested. If you still have questions that remain unanswered, please get in touch with us via email or by calling us at 1-678-366-1122.
What happens in a contested case?
A paper is filed with the court advising the court and the other side of the issues to be resolved. Notice of the proceeding is given to other side. An opportunity is given to the other side to file a paper setting forth the issues that they want the court to hear.
If a contested case is filed, does that mean we have to go to court?
Not always. At any time the parties reach an agreement, the case may be finalized without a trial.
How may we settle the case without going to trial?
Attorneys can help advise their clients on possible outcomes of having a judge or jury decide the case. If the settlement terms are within the range of reasonable outcomes, a party may choose to settle the case instead of risking the outcome at a trial.
What does an attorney need to properly advise the client?
Since each case is different, an attorney needs to discover the facts of each case. The process of learning these facts is called “discovery.”
What are the means used to discover the facts?
Typical discovery methods include a request for the other side or for third parties to produce records and documents. Another method used is submitting written questions called “interrogatories” Questions may also be asked of the parties or third parties by requiring them to attend a deposition where answers are given under oath while a record is being created by a court reporter.
Can we all sit down together and work things out?
An excellent process to settle a case is through mediation, but that is typically done after a contested case is filed. The parties and their counsel meet in the same place, at the same time with a mediator. A mediator is a neutral, impartial third party. They have no power to make decisions for the parties. A mediator may suggest various solutions. In a caucus each side meets separately with the mediator to ease the hostilities that may exist when being in the same room together. The mediator may take settlement offers back and forth between the parties. If the parties reach an agreement in that process, the case may be over at that point. If not, the case may go to trial and a judge or jury would decide the issues.
Why should I settle the case if my spouse is guilty of misconduct and I can go to court and win?
Some people believe that if they can go to court and win by saying bad things about their spouse to a judge or jury. The problem is that each spouse can say bad things about the other and there is no guarantee that a judge or jury will sympathize with one side more than the other. Even if sympathy is created, there is no guarantee how that will translate in awarding dollars to one side or the other. The only guarantee is that there will be more attorneys’ fees spent by both sides.
When is it appropriate for a case to go to trial?
There are many possible outcomes of going to trial. When the settlement terms offered by the other side is close to some of the worst possible outcomes of going to trial, then one should take their chances with a judge or jury. If the choice is giving your spouse control over the outcome or letting the judge control the outcome, you may welcome the opportunity to tell your side to the judge.
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