Nobody plans on a divorce when they get married, but sometimes things go wrong, and a couple decides to divorce. Unfortunately, not all divorces are mutual or amicable and we get contested or opposed divorces. 

A contested divorce occurs when spouses cannot agree on one or more key issues in their separation. This disagreement can encompass various aspects such as asset division, primary care of children, spousal support, or even the grounds for divorce itself.  

In contrast, an uncontested divorce, where both parties mutually agree on all terms, is often simpler and quicker.  

 Grounds for Contested Divorce 

There are several grounds on which a contested divorce can be based, primarily revolving around the irretrievable breakdown of the marriage. Signs that the marriage is beyond repair include: 

Adultery: One spouse has engaged in an extramarital affair. 

Abuse: Physical, emotional, or psychological abuse by one spouse. 

Separation: The couple has been living apart for a certain period, often one to two years. 

Lack of meaningful communication and intimacy: The couple no longer talk civilly to each other, there are constant arguments, and they are no longer intimate with one another. 

Other factors that can be considered grounds for a contested divorce include: 

Mental Illness: One spouse suffers from a mental illness that makes it impossible to continue the marriage. 

Continuous Unconsciousness: A spouse has been unconscious for an extended period with no hope of recovery. 

These grounds highlight the severe and often complicated nature of contested divorces, underscoring the need for legal assistance. 

Why You Need a Lawyer for a Contested Divorce  

The Filing Process 

 Filing for Divorce: The initial step in a contested divorce involves filing a petition for divorce with the court. One of our contested divorce lawyers will assist in preparing and submitting all necessary paperwork, ensuring it is correctly completed and compliant with the law. This can include drafting the divorce petition, stating the grounds for divorce, and outlining any initial requests for relief, such as temporary guardianship or spousal support. 

 Serving Divorce Papers: Once the petition is filed, the next step is serving divorce papers to the opposing party. Your lawyer will ensure the papers are properly served, which means delivering them in a legally acceptable manner. This step is crucial because improper service can lead to delays or even dismissal of the case.  

 Responding to Divorce Papers: After the opposing party receives the divorce papers, they must file a response. Your lawyer will assist in crafting a timely and appropriate response, addressing all points raised in the petition. A response must happen within 10 days (where the parties live in the same jurisdiction) or 21 days (where the parties live in different provinces). Failure to respond within this period can result in a default judgment against the non-responding party. 

Preparation for Trial Process 

Pleadings and Notices: During a contested divorce, various pleadings and notices need to be drafted and served. These legal documents outline the positions and requests of each party. Your contested divorce lawyer will help prepare these documents, ensuring they are clear, concise, and legally sound. They will also manage the process of serving these documents to the opposing party. 

 Discovery Process: The discovery process is a critical phase in a contested divorce, where both parties exchange information and documents relevant to the case. This can include financial records, communications, and other evidence. Your legal counsel will guide you through this process, ensuring all required information is gathered and disclosed.  

 Pre-trial Conferences: Before the trial, there may be several pre-trial conferences where the parties attempt to settle the case or narrow down the issues. Your lawyer will represent you in these conferences, negotiating on your behalf and exchanging settlement proposals with the opposing party. These conferences can sometimes lead to a settlement, avoiding the need for a trial. 

 Trial Proceedings 

 Trial Processes: If the case proceeds to trial, having a skilled contested divorce lawyer is essential. During the trial, your lawyer will present evidence, question witnesses, and make arguments to support your position. They will also counter the opposing party’s claims and evidence. The lawyer’s role is to advocate for your interests and work towards achieving the best possible outcome. 

Final Judgment and Decree: After the trial, the court will issue a final judgment and decree, outlining the terms of the divorce. This document will cover all aspects of the divorce, including asset division, primary care of the children, and maintenance arrangements. Your lawyer can help you understand the implications of the judgment and, if necessary, file post-judgment motions. These motions can address issues such as enforcement or modification of the court’s orders. 

Key Issues in Contested Divorces 

In contested divorces, several key issues often require legal intervention: 

 Division of Assets and Debts: One of the most contentious aspects of a divorce is the division of marital property and debts. Your lawyer will help ensure a fair distribution of marital assets and liabilities. 

Spousal Support/Maintenance: Determining whether spousal support is appropriate, and if so, the amount and duration, can be a complex process. Your lawyer will advocate for your interests, whether you are seeking support or contesting the need for it. 

Primary Care of the Children and Contact: Primary care of the children and contact arrangements are often the most emotionally charged issues in the contested divorce process. Your lawyer will help you develop a parenting plan that is in the best interests of your children and will advocate for your parental rights in court. 

Child Maintenance: Ensuring that child support arrangements are fair and adequate to meet the children’s needs is another critical area where legal guidance is essential. Your lawyer can help calculate appropriate child maintenance amounts and advocate for adjustments if necessary. 

How Can We Help? 

Going through a contested divorce can be daunting, but our experienced contested divorce lawyers can manage and defend your case, ensuring everything is conducted legally and efficiently. At Benita Ardenbaum Attorneys, we adopt an integrative approach, connecting you with various professionals to make your transition as smooth as possible. Our team provides comprehensive support, from filing to final judgment, ensuring you receive the best possible representation throughout the contested divorce process. 

By choosing our firm, you can be confident that your case will be handled with the utmost care and professionalism. We understand that each divorce is unique, and we will tailor our services to meet your specific needs and circumstances. Our goal is to help you achieve a fair and just resolution while minimising the emotional and financial toll of the contested divorce process.