Contested divorce is when some or all of the issues – such as child custody, visitation and parenting plans; child support, property division and spousal support – are in dispute. Despite this, there’s good news: There is a very strong probability that you will not have to go through the anguish and expense of a full-blown divorce trial. Nevertheless, you can expect that you will have to move forward as though you were headed in that direction even while your attorney is actively engaged in attempting to negotiate a favorable settlement.
Here are the steps you can expect to take:
Step 1: The Complaint. In Massachusetts, a divorce action is commenced by filing of a complaint which sets forth in some detail the bases and framework of the action.
Step 2: The Summons. The plaintiff must serve the complaint upon the defendant with the summons. The summons hails the opposing party into court. In short, the complaint puts the defendant on notice as to what is alleged and the summons pulls them into court in order to give them the constitutional right to be heard.
Step 3: The Answer & Initial Court Appearance. The defendant must serve their answer upon the plaintiff and admit or deny each portion of the complaint. They may serve a counterclaim as well. Following the same, the parties will most often appear in court for temporary orders in order to establish the status quo while the matter is pending.
Step 4: Discovery. Each party must provide a financial statement and mandatory discovery (three years worth of bank statements, retirement account statements, tax returns, loan applications, etc.). From there, other discovery tools (interrogatories, depositions, subpoenas, etc.) are often employed. This is when you must decide to play fair or be tough. Ultimately, you’ll have to decide if you will want to settle or go to trial.
Step 5: Motions. Throughout the process, attorneys may appear before the court seeking certain financial or procedural relief. Such applications may include a request for temporary maintenance and child support, custody, visitation, counsel fees, exclusive use and control of the marital home, etc. Our lawyers have their favorite motions that have been presented in court – over and over again!
Step 6: Pretrial Conference. The court holds a conference to ascertain that all appropriate discovery steps have been undertaken and that the case is actually ready to proceed to trial. Most often, the court will use this opportunity to help the parties settle the case.
Step 7: Trial. If all negotiation fails, the case will proceed to trial at which time the parties and their witnesses will offer testimony and exhibits. The judge, at the conclusion of the trial, will render a decision. Since judges are human, it is important that you know your judge and help him or her rule in your favor.
Most Cases Are Settled Before a Trial…
In a majority of cases, contested divorces are settled prior to trial. At The Massachusetts Family Law Group, we believe that in any contested divorce, a lawyer should devote great effort to negotiating with the other side and their attorneys. If each party can reasonably resolve the disputed issues through negotiation, you can avoid the expense, both financial and emotional, of a trial. In essence, the contested divorce becomes a negotiated uncontested divorce.
For more specifics on divorce law, please visit our FAQ Section.
Attorney Irwin M. Pollack and the divorce lawyers and family law attorneys from The Massachusetts Family Law Group pride themselves on their aggressive advocacy for clients and corresponding track record of success.
Call us at (800) 910-DIVORCE for more information on your contested divorce, or to schedule a no-obligation consultation at any of our offices in Dedham, Andover, Worcester, Springfield, Plymouth and Cape Cod, please contact us.
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