When my spouse announces they intend to fight our divorce, what should I do?

In a contentious divorce, at least one spouse refuses to cooperate with the Family Court’s dissolution of the marriage, making the process more difficult. To begin with, know that your husband cannot halt or postpone the divorce process. 

The judge must wait until a specified period of time has passed before he or she may grant the divorce. Even if your spouse is trying to draw out the divorce process as much as possible, a contentious divorce attorney can assist you to obtain a divorce decree issued. 

Next, remember that a divorce cannot be finalised until both parties have reached an agreement on all of the issues related to the divorce, including the division of marital property, the sale or other disposition of the marital residence, parenting time arrangements, child support, and possibly spousal support.

If at all possible, you should resolve these matters before filing for divorce.

When a spouse contests the divorce, they effectively reject to work towards accords that are advantageous to both parties. If there are unresolved issues, the best place to go to resolve them is in front of a judge in Family Court, click here to learn more.

What Happens in a Family Court Case? Is this the final stage in a divorce or family case?

No jury is present in a family trial, unlike a criminal trial. In other words, this is the last phase of your divorce or family court proceedings that will result in a final order. When required, your lawyer will present evidence and call witnesses in court.

Your partner can also present evidence and call witnesses in their defence.

Financial advisors or specialists may be invited as witnesses to help guarantee a just settlement regarding the division of property and the sale or transfer of the marital or matrimonial residence. You can trust these professionals to assist you to find out if your ex-spouse is trying to hide marital assets. The judge will listen to the arguments of both sides and then rule on the lingering issues. A judge’s ruling is final and binding on the parties once it has been entered. A “Final Order” is exactly what it sounds like. A spouse who willfully disobeys a court order is in contempt of court.

The term “contempt of court” is used to describe what?

But, a contempt charge would be something else that would require a court hearing to resolve. If the court rules in your favour, you might be the principal caretaker and decision-maker, while your ex-spouse gets weekend visitation rights.