A contested divorce is a divorce in which the spouses do not agree on all issues. In some cases the spouses refuse to negotiate or the issues on which they disagree are too critical for negotiation. For example, if one spouse believes the other spouse is an unfit parent, she may be unwilling to share custody regardless of the arguments the other spouse may provide for his position.
One option for contested cases is to prepare for litigation, go through a court trial, and ultimately have a judge decide how the issues will be settled. Litigation is not the only option for contested cases though. Contested cases can be settled through mediation or the collaborative process.
In the mediation process both spouses are encouraged to understand the other spouse’s position and whenever possible the mediator encourages both spouses to move from their positions to a place of accommodation & agreement
In the collaborative process both spouses work with their attorneys as a team to resolve all differences in a way which works best for everyone involved including children. The collaborative process also includes mental health professionals and financial experts. Some people assume the collaborative process is best suited for people who agree on issues but the collaborative process provides spouses in contested cases a path for resolving issues outside of the expensive and time-consuming litigation process.
Getting Legal Help
Spouses in a contested divorce should consult with an experienced collaborative law attorney before deciding the only choice for resolving their differences is litigation. Experienced collaborative family law attorney Hal Bartholomew has helped many people resolve their differences with dignity, respect and privacy. Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.