Contesting A Divorce

November 26th, 2014

The process of a Franklin divorce normally starts when a spouse goes ahead and files a petition for marriage dissolution in a state court of law. The petition is usually accompanied with other summons and documents. Then after, it is served to the other party in the marriage. The matter of contesting the divorce or not is then left in hands of the other spouse. If it happens that the spouse makes a decision to contest the divorce, then the procedure taken will vary from state to state. Though you will find that there are various steps that all of the states have in common. If you have got any doubts, question or somewhere you are not clear or rather comfortable, it will be better if you look for answers from your Franklin divorce lawyers, friends or family members. There are various instructions on how to go about.

File a response: You will find a particular form in most of the states on which the respondent is expected to make his or her formal response. The respondent is usually the other spouse who was served with the petition. It is only necessary for you to fill the form if you have decided to contest the divorce. As you will find out, this particular document is quite time sensitive. Summons plus the original petition usually includes dates that the form should be filled so as to prevent any default whatsoever.

Attending and requesting a hearing: The respondent will be able to show on the response form whether she or he is contesting on the divorce’s ground such as abuse, abandonment or adultery and on the other side in terms of the said divorce such as alimony or even child custody. If it happens that grounds are being contested, then the matter will have to be brought before the law court. So if it happens that a hearing has not been scheduled already, the respondent will have to file a motion so as to show cause and at the same time set it to heard via the court’s clerk.

Disprove the grounds: As you will find out, from state to state, the ground of divorce is fairly consistent. A spouse can seek for a divorce due to various reasons that have been outlined in the law of the state. The burden of proof lies squarely on the spouse who is filing divorce. For instance, if one files a divorce due to abandonment and according to the law of the state, abandonment is defined as 18 continuous months without any cohabitation. In such a scenario, the spouse filing the petition has to testify by producing the needed evidence that there was a lack of cohabitation for that said time. Contesting the ground usually implies that you have to provide evidence that will disprove, or refute the evidence that is on the ground.

Contesting the terms: However, most of the states do not have divorce laws that are fault and as such do not need any particular ground! It, therefore, implies that there is no grounds for one to disagree or contest on. In such a situation, a divorce can still be contested basing on its terms. If it was said in the petition that the petitioner should have sole custody of the children, then he respondent may go ahead and accept the petition, but still fight to have partial custody. When the petition is contested basing on terms, then the matter will have to pass through private negotiation or rather the parties attorney.

Seeking Alternative Dispute Resolution: This is a means through which individuals can solve their differences without necessarily going before the court! This will most of the time apply quite rigid standards. ADR usually empowers an arbitrator to make consultations with both parties and find a compromise.

Seeking a judicial determination: If it happens that the parties do not agree on the terms of the divorce, then the only remaining option will be for a court of law to make the final decision. The judge usually has got only one of the leeway and that is to consider several factors in regard to the dispute factors, though the judge will also rely heavily on the precedent and strict guidelines.