Dayton Contested Divorce Attorney

Helping Clients in Montgomery County & Surrounding Areas

When you and your spouse cannot agree on the terms of your divorce, you will have to go through the contested divorce process. This is a more complex and time-consuming process than an uncontested divorce, but it is still possible to reach a resolution without going to trial. At Kane Law, our Dayton contested divorce lawyer can help you navigate the process and work toward a favorable outcome.

Call us at (937) 887-4700 or contact us online to schedule a consultation with our team.

What Is a Contested Divorce?

In a contested divorce, you and your spouse cannot agree on one or more of the key issues in your divorce. This can include issues such as property division, child custody, child support, and spousal support. When you cannot agree on these issues, you will have to go to court and have a judge make the decisions for you.

Some of the most common reasons why a divorce may be contested include:

• One spouse does not want to get divorced
• One spouse does not agree that the marriage is irretrievably broken
• One spouse does not agree to the terms of the divorce

It is important to note that, even if you and your spouse agree on most of the terms of your divorce, if you cannot agree on one or more of the key issues, your divorce will be considered contested. This is why it is so important to have an experienced contested divorce attorney on your side.

How Long Does a Contested Divorce Take?

One of the most common questions people have about the contested divorce process is how long it will take. Unfortunately, there is no one-size-fits-all answer to this question. The length of a contested divorce will depend on a variety of factors, including the complexity of the issues involved and the willingness of the parties to work together to reach a resolution.

Some of the factors that can affect the length of a contested divorce include:

• The number of issues that need to be resolved
• The complexity of the issues that need to be resolved
• Whether the parties are willing to work together to reach a resolution
• Whether the parties are willing to go to mediation
• Whether the parties are willing to go to trial
• The court’s schedule

Generally speaking, the more issues that need to be resolved and the more complex those issues are, the longer the divorce will take. If the parties are willing to work together to reach a resolution, the divorce will generally take less time. If the parties are not willing to work together, the divorce will generally take longer.

It is also important to note that, in Ohio, there is a mandatory waiting period of 42 days for all divorces. This means that, even if you and your spouse agree on all of the terms of your divorce, you will still have to wait at least 42 days before your divorce can be finalized.

How to Win a Contested Divorce

Many people who are going through a contested divorce want to know how to win. In a contested divorce, the goal is to reach a resolution that is in your best interests. This means that you will need to work with your attorney to develop a strategy that will help you achieve your goals.

Some of the strategies that can be used in a contested divorce include:

• Mediation: Mediation is a process in which you and your spouse work with a neutral third party to try to reach a resolution. The mediator does not make any decisions for you. Instead, the mediator helps you and your spouse communicate and work together to reach a resolution. Mediation can be a good option if you and your spouse are willing to work together but cannot agree on one or more of the key issues in your divorce.
• Collaborative divorce: Collaborative divorce is a process in which you and your spouse work with your attorneys to try to reach a resolution. You and your spouse will each have your own attorney, and you will all work together to try to reach a resolution. If you cannot reach a resolution, you will have to go to court and have a judge make the decisions for you. Collaborative divorce can be a good option if you and your spouse are willing to work together but cannot agree on one or more of the key issues in your divorce.
• Going to trial: If you and your spouse cannot agree on one or more of the key issues in your divorce, you will have to go to court and have a judge make the decisions for you. Going to trial can be a good option if you and your spouse are not willing to work together. However, it is important to note that going to trial can be expensive and time-consuming. It can also be stressful and emotionally draining. If you can avoid going to trial, you should try to do so.

At Kane Law, our Dayton contested divorce attorney can help you develop a strategy that is tailored to your unique situation. We will work with you to understand your goals and develop a plan to help you achieve them.

What Are My Rights in a Contested Divorce?

Many people who are going through a contested divorce want to know what their rights are. In a contested divorce, you have the right to have an attorney represent you. You also have the right to have a judge make the decisions for you if you and your spouse cannot agree on one or more of the key issues in your divorce.

Some of the other rights you have in a contested divorce include:

• The right to have your attorney present at all court hearings
• The right to present evidence to the court
• The right to cross-examine your spouse and any other witnesses
• The right to appeal the court’s decision

It is important to note that, in a contested divorce, the court will make the decisions for you. This means that you will not have complete control over the outcome of your divorce. However, you will have the opportunity to present evidence to the court and make arguments in support of your position.

What Is the Contested Divorce Process?

The contested divorce process can be complex and time-consuming. However, with the help of an experienced contested divorce attorney, it is possible to reach a resolution without going to trial.

The contested divorce process generally involves the following steps:

• Filing the complaint: The first step in the contested divorce process is to file a complaint with the court. The complaint is a legal document that tells the court and your spouse that you want to get divorced. The complaint must be filed in the county where you or your spouse has lived for at least 90 days. The complaint must also be served on your spouse. This means that your spouse must be given a copy of the complaint and told that he or she is being sued for divorce. Your spouse will then have 28 days to file an answer to the complaint. If your spouse does not file an answer, you can ask the court to grant you a default judgment of divorce. If your spouse files an answer, the divorce will be considered contested.
• Discovery: After the complaint has been filed and your spouse has filed an answer, the next step in the contested divorce process is discovery. Discovery is a process in which you and your spouse exchange information about your finances and other relevant matters. This can include things such as bank statements, tax returns, and pay stubs. Discovery can also include things such as depositions and interrogatories. A deposition is a process in which you and your spouse are asked questions under oath. An interrogatory is a written question that you and your spouse must answer under oath. Discovery can be a time-consuming process, but it is an important part of the contested divorce process.
• Pretrial conference: After discovery has been completed, the next step in the contested divorce process is a pretrial conference. A pretrial conference is a meeting between you, your spouse, your attorneys, and the judge. The purpose of the pretrial conference is to discuss the issues in your divorce and try to reach a resolution. If you and your spouse are able to reach a resolution, the judge will review the agreement and decide whether to approve it. If you and your spouse are not able to reach a resolution, the judge will set a trial date.
• Trial: If you and your spouse are not able to reach a resolution, the next step in the contested divorce process is trial. At trial, you and your spouse will have the opportunity to present evidence to the court and make arguments in support of your position. The judge will then make the decisions for you. After the trial has been completed, the judge will issue a decision. If you are not happy with the judge’s decision, you can appeal the decision to a higher court.

It is important to note that, even if you and your spouse are not able to reach a resolution at the pretrial conference, it is still possible to reach a resolution before the trial. In fact, the majority of contested divorces are resolved before the trial. This is why it is so important to have an experienced contested divorce attorney on your side.

Why Choose Kane Law?

At Kane Law, our Dayton contested divorce attorney has extensive experience helping clients navigate the contested divorce process. We understand that going through a contested divorce can be stressful and emotionally draining. That is why we are committed to providing each and every one of our clients with the compassionate and personalized representation they deserve.

At Kane Law, our Dayton contested divorce attorney is committed to providing each and every one of our clients with the high-quality legal representation they deserve. We will fight to protect your rights and help you navigate the contested divorce process.

Call us at (937) 887-4700 or contact us online to schedule a consultation with our team.