Contested Divorce

In a contested divorce, the parties disagree concerning the details of the divorce, such as child custody and/or division of property/debt. These divorces can be expensive, unpleasant, and can take a lot of time.

Very Basic Overview of the Contested Divorce Process:  
  1. One of the parties hires an attorney.

  2. Attorney will prepare initial paperwork.

  3. After filing, spouse signs the papers and the attorney will file them with the Court.

  4. Then the paperwork is served on the other spouse (this means he or she is "officially" given the paperwork).

  5. Served spouse has 20 days to answer.

  6. Once the served spouse has answered, the parties trade any pertinent information by way of their attorneys. This is called "discovery."

  7. During and after this time, the spouses will negotiate, often by way of their respective attorneys.

  8. If the spouses cannot reach agreement, the attorneys will set a pretrial conference to advise the Court of issues that cannot be resolved.

  9. The Court will set a date for a final divorce hearing.

  10. Final hearing will take place

  11. One attorney (usually the attorney for the filing spouse) will prepare the divorce decree for

  12. both parties, their attorneys and the Judge to sign.

  13. After the Judge signs the divorce decree, it is filed with the Clerk. At THAT point, the parties

  14. are divorced.

  15. This process can take from several months to years.

See Also: Expedited Divorce, Default Divorce

CONTACT Simmons Law Office

Office Hours:
Monday - Friday, 8am-5pm
Call (620) 340-0043 to make an appointment.

Located at 701 Commercial, Suite 200, Emporia, KS

Mailing Address: ​​P.O. Box 1249, Emporia, KS 66801

Call (620) 340-0043

Best hours to call are weekdays between 9am and 4pm. 

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