When the parties to a divorce cannot agree on the outcome of their separation, they may oppose the divorce and ask the court to make that decision on their behalf.

A contested divorce is quite expensive, so parties are always encouraged to reach a settlement before the trial date to prevent high legal costs.

Here is the opposed divorce process:

Step 1: Consultation

Step 2: Summons

Step 3: Notice of Intention to Defend

Step 4: Plea and Counter Claim

Step 5: Plea to Counter Claim

Step 6: Pleadings Close

Step 7: Discovery

Step 8: Pre-trial Meeting

Step 9: Trial

STEP 1: Consultation

The settlement agreement's terms, including any claims for child support, spousal support, rehabilitative maintenance, contact with their children, or an accrual claim, are discussed during a consultation that is attended by either side.

If the summons was handed to you, you should take it to your lawyer for guidance on how to respond.

If you have received a divorce summons, it is crucial that you speak with an attorney right away. If you don't answer properly, the case will be added to the Unopposed roll, which might have serious repercussions for your future.

STEP 2: The plaintiff was given a summons (if it has been served on you then proceed to step 3)

The Summons makes it clear why a divorce is being filed for, and the prayers must go into detail about all of the marital consequences.

This includes a "Particulars of Claim" and a "Parenting Plan" (if there are minor children).

STEP 3: Send a notice that you want to defend (within 10 business days after receipt of Summons) the DEFENDANT: gives a notice of intent to defend.

This is: Served on the Plaintiff and Filed in court.

This notice tells the Court that you want to defend yourself in the case that the Plaintiff has brought against you because you don't agree with everything in the summons.

STEP 4: The plea and the counterclaim

Deals with parts of the Summons; says whether the defendant agrees or disagrees with the Summons; and/or agrees to the prayers or rejects them and asks for a claim in reconvention (counter claim)

Counter cLAIM:

Deals with what the Defendant wants the court and the settlement agreement to note (if it's important), such as: – Accrual claims; – Any claims regarding minor children; and/or – Any claim for spousal or rehabilitative maintenance.

Counter Claim:

Deals with what the Defendant wants the court and the settlement agreement to note (if it's important), such as: – Accrual claims; – Any claims regarding minor children; and/or – Any claim for spousal or rehabilitative maintenance.

NEXT: The PLAINTIFF serves NOTICE OF BAR if the DEFENDANT doesn't serve their Plea and Counter Claim.

This gives the Defendant 5 more days to serve their plea and counterclaim.

If the defendant serves it, a request is made to remove the bar, and then Step 5 is taken.

If they don't send it to them, you put the case on the "Unopposed Roll" and move forward with the divorce.

STEP 5: Plea to the Counter Claim

(Whin 15 business days of serving counter claim the PLAINTIFF serves a Plea to Counter Claim.)

This:

Deals with the paragraphs of the Counter Claim;

States whether the Plaintiff agrees or disagrees with the Counter Claim; and/or agrees to the prayers or rejects them.

STEP 6: Pleading Closes

(10 business days after plaintiffs plea to the counter claim)

STEP 7: Discovery Notes

This is done to make sure that both sides are aware of all the written evidence before the trial. This means that the issues are narrowed, and there is no need to argue about things that are clear-cut.

STEP 8: Pretrial Meeting

(With the minutes)

This is where you discuss all the issues with the judge and make sure the trial itself does not deal with unnecessary facts.

Step 9: Trial

CONTACT PAUW ATTORNEYS TODAY IF YOU OR SOMEONE YOU KNOW IS GOING THROUGH AN OPPOSED DIVORCE AND NEEDS LEGAL HELP!