According to Pew Research, as of 2023, one-third of Americans who had ever been married reported that their first marriage ended in divorce. While we would like to believe all these marriages ended amicably and smoothly, the reality is that many marriages end contentiously and often require legal support to finalize.
A contested divorce occurs when spouses cannot agree on one or more key issues required to end their marriage, and may necessitate court intervention to resolve. This process can be more complex, adversarial, and costly than an uncontested divorce. A Kent contested divorce lawyer at Lutz & Associates, P.S., can develop a customized litigation strategy based on your short-term and long-term goals, whether you seek a settlement or are preparing for trial.
Our divorce attorneys have decades of experience leveraging a variety of legal tools to uncover hidden assets or debts, subpoena financial records, and hire experts like forensic accountants to ensure a fair valuation of community property. While we aim for an effectively negotiated resolution whenever possible, we are fully capable of trial and ready to pursue litigation when needed.
What Are the Unique Factors of a Contested Divorce?
While Washington is a no-fault state and does not require specific grounds for divorce beyond irreconcilable differences, the reasons for the breakdown can heavily influence negotiations and a judge’s final decisions. Many potential issues can lead to a contested divorce, with some of the most common including:
- Parenting plans and custody: Parents often have different, strong ideas about who should have primary custody, the residential schedule, and visitation time.
- Decision-making: Disagreements about a child’s education, health care, religious upbringing, and extracurricular activities can turn cooperative parents into adversaries.
- Child support: Disagreements may arise over income calculations, which parent is voluntarily under- or unemployed, or who should cover significant expenses.
- Asset valuation: Spouses often disagree on the value of significant items, such as the family home, a shared business, or retirement accounts, often requiring expert appraisers.
- Hidden assets/debt: The discovery process can uncover secret debts or hidden assets, immediately breaking trust and leading to adversarial battles.
- Separate vs. community property: Disputes often arise over whether an asset should be classified as community property (acquired during marriage) or separate property (owned before marriage or inherited).
- Spousal maintenance (alimony): Disputes over spousal support are common, as they directly impact the financial future of both parties, and often center on whether a spouse needs support, how much is needed, how long it should last, and the other spouse’s ability to pay.
When spouses can no longer communicate civilly, negotiation can become challenging. In some cases, one spouse simply does not want the divorce and will resist the process or create obstacles as a delaying tactic.
It is vital to have a Kent attorney by your side to evaluate the key issues in your contested divorce and strategize the best way to overcome them to preserve your best interests. Our communicative team will keep you updated at each stage of your case and make sure you understand your best legal options at every turn.
How Does the Legal Process Work in a Contested Divorce?
The vast majority of contested divorces are eventually resolved out of court through settlement before reaching a trial ruling. Even if your case begins with significant conflict, a Kent contested divorce attorney at Lutz & Associates, P.S., could evaluate all available off-ramps that allow you to reach an agreement without a judge deciding your future. At the same time, our readiness to proceed to trial is advantageous during settlement discussions.
When the opposing side understands that your legal representation is prepared and capable of litigation, it can sometimes encourage more serious consideration of a reasonable settlement. A contested case can become an uncontested case at any time. Once you and your spouse reach a signed settlement agreement, it typically becomes enforceable, even if one party later tries to back out. We can then file the final orders for a judge to sign, effectively ending the courtroom battle.
What If Your Case Goes to Court?
If your case does proceed to litigation, the process involves multiple court appearances and strict procedural deadlines. The process begins when one spouse files a petition to dissolve the marriage and has it formally served to the other spouse. The other spouse then has 20 days (60 if served out of state) to file a formal response. Failing to do so can lead to a default judgment where the petitioner gets everything requested. The Revised Code of Washington § 26.09.030 mandates a minimum 90-day waiting period from the date of filing and service before a divorce can be finalized. In contested cases, this period is usually spent in the discovery phase.
Understanding the Discover Phase
The discovery phase is the investigation phase, where both sides exchange evidence and testimony. We actively use the discovery phase to gather the evidence needed to negotiate your case from a position of strength. By having a clear picture of the community assets and debts, our Kent attorneys can often broker a favorable contested divorce settlement that avoids the high cost and emotional drain of a full-blown trial.
Temporary Orders to Protect Your Rights
Because a contested case can take some time, the court holds hearings to establish temporary orders that can provide immediate rules for child custody, financial support, and property use. In Washington, there are no jury trials for divorce. A judge hears the evidence and makes the final rulings on property division, debt, and parenting plans. The judge then signs the decree officially ending the marriage. Whether advocating for your rights in or out of the courtroom, we make sure your interests are protected during this high-stakes time.
Request Your Consultation from a Compassionate Kent Contested Divorce Attorney
A Kent contested divorce lawyer can act as your legal buffer by handling all communications with your spouse’s attorney, reducing direct conflict, and protecting you from any unfair tactics. We are thoroughly experienced in all aspects of contested divorces because family law is all we do and all we have done since 1997.
Even if a divorce starts as contested, our lawyers can often resolve it through negotiations to avoid a costly and public trial. If an agreement cannot be reached, we can present evidence and witnesses at trial and cross-examine your spouse’s witnesses to fight for your rights before a judge. We can also petition the court if needed for immediate temporary orders regarding child custody, child support, or who can stay in the family home. Please contact Lutz & Associates, P.S., to request your case consultation and get started now.
