Individuals with contested divorces need experienced legal representation. There are many issues involved that impact the parties’ future. A contested divorce begins with the filing of a petition for divorce. The filing party lays out the contested issues for a judge to decide. Often, issues include child support, alimony, property division and division of debt. The spouse is served with the petition and generally has thirty days to respond. The spouse must file an answer to the petition. However, they may file an answer with a counterclaim. This means they are stating their own grounds for divorce.
It is recommended that people hire a divorce lawyer in Brookfield WI. Getting a divorce is emotional but one needs to remain focused on the legal action. For example, the lawyer may advise a client to go after part of the other spouse’s pension. This may be the case if one party stayed at home and the other worked. It is only fair that both parties have something to live on in retirement. Usually, if the parties have minor children, they must work out a temporary order. The temporary order lays out who has what rights while the divorce is pending. Issues include things like:
• temporary custody of minor children
• temporary child support
• temporary possession of the marital residence
• how the bills will be paid on a temporary basis
The parties exchange financial information prior to a final divorce hearing. This information includes things like pension fund balances, insurance policies, bank account balances and annual salary. The judge may assign a Guardian ad Litem to the case if custody is contested. The Guardian ad Litem acts as an attorney for the minor children. They investigate both parents and make a recommendations to the court. The Divorce Lawyer in Brookfield WI may recommend mediation. Many courts prefer mediation before a divorce hearing. In fact, only ten percent of divorces actually go to trial. Judges prefer that couples work out an agreement to end their marriage. Mediation can be better for the couples because they can compromise and resolve the issues. That will not happen if the case goes to trial.