Contested Divorce: Litigation Strategy When Settlement Is Impossible

Technically, a divorce is "contested" the moment a Respondent files an Answer that disputes any part of the Petitioner's request. This indicates to the court that judicial intervention is required to resolve the conflict. Unlike a simple administrative filing, a contested case triggers the full scope of the rules of civil procedure, including mandatory disclosures and evidentiary hearings.

While some cases are contested due to genuine legal disagreements, many become high-conflict because of:

• Financial Control: A dispute over the valuation of a business or the existence of hidden assets.
• Parental Rights: An impasse regarding the primary residence or decision-making authority for children.
• Tactical Delay: One spouse utilizing the contested divorce process to maintain control over marital funds or to frustrate the other party's progress.

In an uncontested divorce, the parties submit a signed Marital Settlement Agreement for a judge's signature. In a contested divorce, the judge becomes the ultimate decision-maker. The court dictates the schedule, the "discovery" of evidence, and the final ruling. This removes the outcome from the parties' hands and places it into a clinical, statutory framework.

The process begins with the "Petition for Dissolution" and the "Summons." Once the other spouse is served, they must file a "Response" or "Answer." If they fail to do so, the Petitioner may move for a default judgment. However, in most high-stakes cases, the Respondent will file a "Counter-Petition" to assert their own claims for assets and support.

This is the most critical phase of divorce litigation. During discovery, both parties have a legal right to demand documents, testimony, and financial records from each other. This stage is where a case is won or lost: unearthing the evidence that proves your position or exposes the other side's misconduct.

In high-net-worth cases, we utilize specialized tools to identify hidden wealth. This includes Interrogatories (written questions), Requests for Production (demanding tax returns, bank statements, and business ledgers), and forensic audits. If a spouse is attempting to conceal marital funds, SJKP LLP applies an analytical rigor to trace the flow of every dollar.

A deposition is an out-of-court testimony given under oath. We use depositions to "lock in" the other spouse's story before trial. If they lie during a deposition, their credibility is destroyed. We also issue subpoenas to third parties, such as banks, employers, and paramours, to recover evidence that the spouse refuses to provide voluntarily.

The court will issue temporary orders for child support, alimony, and a parenting schedule. While these are "temporary," they often set the tone for the final judgment. If a spouse is awarded primary custody in a temporary order, they gain a significant "status quo" advantage that is difficult to overturn later.

Judges are hesitant to disrupt a child's routine once a status quo is established. If you allow the other spouse to control the children's residence during the first few months of a contested divorce, you are creating a strategic disadvantage. We move for immediate temporary orders to ensure your rights are protected from day one.

If the parents cannot agree, the court may order a Custody Evaluation. A forensic psychologist will investigate both homes and make a recommendation to the judge. This is a high-stakes clinical assessment where every word you say can be used to determine your fitness as a parent.

Disputes often arise over whether an asset is "marital" or "separate." We also litigate claims of marital waste, where one spouse has squandered funds on gambling, affairs, or "revenge spending." The court can "add back" these wasted funds to the marital pot to ensure the innocent spouse is made whole.

A trial occurs when negotiation has reached a total impasse. It is a formal hearing where witnesses testify, evidence is introduced, and a judge makes the final, binding decision. This is the most expensive and risky phase of the contested divorce process.

When you go to trial, you lose total control. A judge: who is a stranger to your family: will decide where your children live and how your retirement is split. This "judicial discretion" is unpredictable. We use trial readiness as a tool to force a favorable settlement, but we never hesitate to litigate if the other side remains unreasonable.

In many contested divorce cases, one spouse will make false allegations of domestic violence or child abuse to gain an advantage. SJKP LLP applies a resilient legal shield against these tactics, exposing inconsistencies and protecting your reputation through aggressive cross-examination and evidentiary challenges.

A common pitfall is the misuse of social media. Photos of luxury vacations or disparaging posts about the other spouse are "gift-wrapped" evidence for the opposition. We conduct a digital audit for our clients to prevent them from self-sabotaging their case during the litigation.

Realistically, a contested case takes between 12 and 36 months to resolve. The "cooling-off" period, the discovery phase, and the court's trial backlog all contribute to this duration. Anyone promising a "fast" contested divorce is ignoring the procedural reality of the court system.

Delays are often strategic. A spouse may "slow-walk" discovery or change attorneys multiple times to frustrate the process. We utilize motions to compel and requests for sanctions to keep the case moving and ensure the other side is held accountable for their obstruction.

If you enter a negotiation without the ability to go to trial, you have already lost. The other side will sense your weakness and offer a "low-ball" settlement. By being "Trial-Ready," SJKP LLP creates the leverage necessary to secure a fair agreement. We prepare every case as if it will be litigated to the highest level.

We do not engage in "blind fighting." Every motion we file and every deposition we take is part of a structural legal roadmap. By focusing on high-value issues: such as business valuations and primary custody: we prevent your legal fees from being wasted on minor disputes that have no impact on the final outcome.