What is a contested divorce? In a Contested Divorce, one of the parties is a Petitioner and one of the parties is a Respondent. In a contested divorce the parties have not reached an agreement as to the division of their property, responsibility for marital debts, or issues involving the children.
After the proper pleadings and other documentation are filed with the court and served upon each party the court will generally send the parties to mediation. Mediation is where both parties, along with their counsels, sit down with a third party, the mediator, and try to reach an agreement. The great thing about mediation is both parties have control over the process and can make decisions they feel comfortable with.
Mediation is a Bust
If a compromise is not reached in mediation then any issues that are left unresolved will be taken in front of a judge and a determination will be made. Both parties will be able to call witnesses, experts, certified divorce analysts, and other individuals to prove their case. After all of the evidence is heard, the judge will make a decision on what needs to happen for every issue that is contested.