For many couples, divorce isn’t a straightforward process. If you and your spouse cannot agree on all terms of your divorce, such as alimony, how property will be distributed, and more, you are in what is known as a contested divorce. If you’re currently in a contested divorce, the lawyer you hire can make a world of difference. Cohen & Patel stands ready to effectively safeguard your interests, every step of the way. Contact us today.
The Contested Divorce Process
The contested divorce process can be long and complicated. That said, a brief overview of the process in Pennsylvania is as follows:
- Filing the Divorce Complaint: The process begins when one spouse (the plaintiff) files a formal complaint for divorce with the court. This document outlines the grounds for divorce and may include requests related to alimony, child custody, property division, and more.
- Service of Process: After filing, the plaintiff must serve the divorce complaint to the other spouse (the defendant). This legal step ensures that the defendant is formally notified about the divorce proceedings. The service can be done through a sheriff, a process server, or any method approved by the court.
- Response from the Defendant: Once served, the defendant has a specific time frame, usually 20 days, to file a response or counterclaim. The response allows the defendant to agree or disagree with the terms set out in the initial complaint. If disagreements exist, this confirms the divorce as “contested.”
- Discovery Phase: During this phase, both parties exchange relevant information and documents pertinent to the case. Discovery can include interrogatories, requests for documents, and depositions. This phase aims to gather all necessary facts to support each party’s claims regarding assets, debts, income, and more.
- Temporary Orders: Either party may request temporary orders from the court on issues like child custody, spousal support, or exclusive use of the marital home. These orders remain in effect until the final divorce decree is issued.
- Negotiations and Mediation: Before proceeding to trial, Pennsylvania courts often encourage or mandate mediation to help both parties reach an agreement on contested issues. A neutral third-party mediator facilitates discussions, attempting to resolve disputes without the need for a court decision.
- Pre-Trial Conferences: If mediation is unsuccessful, the court will schedule pre-trial conferences. These meetings between the lawyers and the judge aim to streamline the trial process, clarify the issues, and encourage settlement. The judge may also provide insight into how they might rule on certain issues, motivating the parties to settle.
- Trial: If the divorce remains contested after all attempts at negotiation and mediation, the case proceeds to trial. During the trial, both parties present evidence and arguments supporting their positions on unresolved issues. The judge then makes a final decision on all contested matters, including asset distribution, alimony, child custody, and support.
- Final Divorce Decree: After the trial, the court issues a final divorce decree, which legally ends the marriage and outlines the judge’s decisions on all contested issues. This decree is binding and enforceable.
- Post-Trial Motions and Appeals: Either party may file post-trial motions if they believe the court made an error in its judgment. They may also appeal the court’s decision to a higher court, which could extend the divorce process further.
How Can Cohen & Patel Help?
At Cohen & Patel, we understand that contested divorces are often fraught with emotional and financial stress. Our firm is dedicated to guiding you through this challenging process with the compassion and skill you deserve. Here’s how we can help:
- Personalized Legal Strategy: We begin by understanding your unique circumstances, priorities, and goals. This enables us to develop a tailored legal strategy designed to achieve the best possible outcome in your case.
- Thorough Preparation and Investigation: Our team conducts a comprehensive review of all relevant documents, financial records, and other critical information. We work tirelessly to uncover any hidden assets or discrepancies that could impact the fairness of the divorce settlement.
- Skilled Negotiation and Mediation: With a strong focus on negotiation, we strive to resolve disputes outside of court whenever possible. Our attorneys are experienced mediators who can facilitate constructive discussions aimed at reaching mutually agreeable solutions, saving you time, stress, and expense.
- Aggressive Court Representation: If your case proceeds to trial, you can trust a contested divorce lawyer from Cohen & Patel to provide aggressive and effective representation. We meticulously prepare for court, presenting a compelling case that advocates fiercely for your rights and interests.
- Comprehensive Support Throughout the Process: From the initial consultation to the final resolution, we are with you every step of the way. Our team is always available to answer your questions, provide updates, and offer support during what can be a difficult time.
Contact a Pennsylvania Contested Divorce Lawyer
Don’t go through the divorce process alone–contact the skilled Montgomery County family lawyers here at Cohen & Patel so we can effectively fight for the best outcome possible on your behalf.
