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Contesting a Divorce, What Does It Mean? Going to Trial.

Dec 20, 2015 @ 09:20 PM — by Michael Green

Contesting a Divorce, what does it mean?   Generally, it means not settling, but, not necessarily never settling.  If parties are amicable in a divorce they may settle their case almost immediately and agree on all terms of their divorce in a property or matrimonial settlement agreement.  If, however, the parties do not settle their case, the courts generally require that the parties continue litigating their case through a number of processes.  The first is discovery, where the parties discover through discovery requests of each other in the form of a notice to produce and interrogatories, questions regarding marital assets, debts, custody, child support, and equitable distribution, what the parties have in terms of assets and property and what they want in terms of custody and parenting time.  Generally, a court orders the timing of discovery through a case management conference and case management order.  After the discovery is complete, the court schedules and orders other processes that are required prior to trial, including the Early Settlement Panel, Economic Mediation, Intensive Settlement Conference and, finally, ultimately, if the parties do not settle prior, a trial.  However, it may take many, months or even years to finalize a divorce that ultimately goes to trial. Fortunately, most cases settle prior to trial, so, a party may contest the terms of a divorce, but choose to settle the case prior to a trial at any point along the processes of litigation.

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