When terminating a marriage in Massachusetts, there are many important issues to be sorted out by the divorcing spouses. Everything from child custody to marital assets and property needs to be agreed upon. If the two parties can’t come to an agreement on one or more of these key issues, it is called a contested divorce.
Finding Common Ground
Contested divorces can become quite complicated. The parties involved will each need to hire their own attorney to help to sort things out in a court of law. Often times, compromises will be struck to find a common ground where everyone can come to an agreement which satisfies all parties.
Settlement & Trial
Typically, a judge will encourage the spouses to reach an agreement before the final court date. The judge may even order the disagreeing spouses to go to mediation where a third party attempts to help them negotiate any unresolved issues. If the spouses are unable to come to an agreement, the case will be scheduled for divorce court.
During the trial, each side will be able to cross-examine the other side’s witnesses and make arguments. Massachusetts’ divorce laws and the caseload of your local family court system will determine how quickly you’ll get to trial. After hearing both sides of the case at trial, the judge will then come to a decision regarding all issues.
Filing A Post-Trial Motion
Once the trial is over and the judge has ruled, each party has 30 days to file a post-trial motion. A post-trial motion allows a party to argue why you believe a ruling by the judge is unfair. This needs to be approved by the judge. The other party has 30 days to respond to the motion.
Contact An Experienced Family Law Attorney
Whether you’re going through a contested divorce in Buzzard’s Bay or anywhere else in Southeastern Massachusetts and Cape Cod, you’ll need a divorce lawyer with experience and a winning record. Please contact us to discuss your case.
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