Going through a divorce is never easy, especially when it is contested. There are typically four stages in a contested divorce, but that does not mean each stage must be reached in order to finalize the divorce. Here are the four stages of a contested divorce and how our Minnesota divorce lawyers can help.
Preliminary Case Workup
The “preliminary case workup” stage of a contested divorce may be one of the most difficult for a divorcing couple. Our divorce attorneys will need a great deal of information regarding your finances, assets and debts. We give our clients a comprehensive questionnaire to complete which gives us the information we need to proceed with the case. We then put together a document called a Petition for Dissolution of Marriage. As our client, you will sign the Petition which is followed by serving your spouse officially with divorce papers. From there, the Petition gets filed with the court and put on the docket schedule for a judge to hear your case. This phase of the contested divorce process typically takes 30 days, but many times it does not even take this long.
Discovery
The “discovery stage” is often the second stage of a contested divorce. During this phase, we collect information from your spouse and your spouse’s attorneys. Our divorce attorneys may also appear before a judge to make decisions regarding who can stay on the property, child support payments, and temporary custody decisions. Some experts may be called in to help evaluate the value of property and business assets as well as determine the best place for any children in the situation. This is one of the longer phases of the process and can take several months to complete.
Settlement
The “settlement phase” occurs when both sides meet together and try to reach an agreement. Sometimes both parties must go through a pre-trial hearing in order to discuss settlement. Rarely are there any undisputed issues in a contested divorce and this pre-trial hearing is where those issues will get worked out. If the parties reach an agreement, we file a marriage termination agreement with the court which explains the terms of the divorce. Both parties sign the agreement with their attorneys. This agreement is filed with the court for approval and, if approved, the divorce is final. We resolve most contested divorces using this method.
Trial
Sometimes the case cannot be settled. In those instances, our Minnesota divorce attorneys try your case in front of a judge. Some cases take a couple days while others may take weeks depending on the issues involved. You may also file an appeal within 60 days following the trial if you are not satisfied with the outcome.
Free Consultation
At Clausen & Hassan, we offer free consultations for your contested divorce. Call us at 651-647-0087 for more information.
