A contested divorce occurs when spouses cannot agree on one or more significant terms of their separation, such as property division, child custody, child support, or alimony. This disagreement requires court intervention to resolve disputes.
16 steps across 2 sections
1. Steps Process
- Hire an Attorney
- Contested divorces almost always require legal representation
- Choose a family law attorney experienced in contested cases
- Discuss fees upfront (hourly rates typically $200-$500/hour; retainers of $3,000-$10,000+)
- Prepare to share all financial and personal information with your attorney
- File the Petition for Divorce (Pleadings Phase)
- One spouse (the "petitioner") files a Petition for Divorce with the court
- The petition outlines the grounds for divorce and initial requests (custody, property, support)
- Pay the filing fee ($100-$400)
- Serve the other spouse with the petition and summons
2. Key Details
- Timeline: 6 months to 2+ years; average is about 12-18 months
- Cost: $15,000-$100,000+ per spouse (attorney fees, court costs, expert witnesses)
- Attorney fees: $200-$500/hour; total depends on complexity and duration
- Most cases settle: Over 90% of contested divorces reach settlement before trial
- Discovery can be costly: Document production, depositions, and expert analysis add significant expense
- Appeals: Either party can appeal final judgments, adding months or years
Common Mistakes
- Letting emotions drive legal decisions (anger leads to expensive, protracted ...
- Hiding assets during discovery (courts impose severe penalties including cont...
- Using children as leverage or involving them in disputes
- Not understanding the full financial picture (retirement accounts, tax implic...
- Refusing reasonable settlement offers out of spite (trial outcomes are unpred...
Pro Tips
- Even in contested cases, try to agree on as many issues as possible — narrowi...
- Be organized from day one: create a folder system for all financial documents...
- Keep a detailed log of all interactions with your spouse (dates, times, content)
- Avoid disparaging your spouse publicly or on social media — judges consider t...
- Consider the long-term cost-benefit: fighting over a $5,000 item that costs $...