Navigating through the process of divorce can be a daunting task, and it becomes even more challenging when you and your soon-to-be ex-spouse cannot see eye to eye on the terms of the divorce. In the state of New Hampshire, couples going through a divorce are mandated to find common ground on various critical issues, such as child custody, child support, property division, and alimony. While some couples manage to reach an agreement effortlessly, others find themselves locked in a dispute, leading to what is known as a contested divorce.
Understanding Contested Divorce
A contested divorce occurs when a couple fails to find common ground on one or more aspects of their divorce settlement. In such circumstances, the intervention of the court becomes necessary to resolve the contentious issues at hand. Unlike an uncontested divorce, where couples find common ground on most or all of the matters, a contested divorce follows a legal course that can be protracted, financially burdensome, and emotionally draining.
Exploring Mediation as a Resolution Avenue
Before resorting to the court system, couples have the option to explore mediation as a means of reaching a mutually agreeable resolution. Mediation involves the presence of an impartial third party who assists the couple in finding common ground. The mediator facilitates open and constructive communication, helping identify areas of agreement and disagreement. Together, you and your spouse work towards a solution that satisfies both parties, culminating in a legally binding agreement that is tailored to your specific circumstances.
Filing for a Motion Hearing to Seek Judicial Intervention
In the event that mediation fails to bring about a resolution, either one or both spouses can take the next step by filing for a formal motion hearing. This involves requesting the court to intervene and make a decision regarding the disputed issues. During the motion hearing, both parties present their arguments, presenting facts and applying relevant New Hampshire laws. The judge then weighs the presented information and reaches a decision aimed at resolving the contentious matters.
Resolving Matters through Trial
Should the motion hearing fall short of resolving the issues, the parties involved now face the prospect of going to trial. A trial entails each spouse presenting evidence, calling witnesses, and making persuasive arguments to substantiate their case. Both parties have the opportunity to cross-examine each other’s witnesses and evidence. Ultimately, the judge examines all the evidence presented and renders a legally binding decision, settling the disputed matters in the divorce.
Emphasizing the Importance of Prior Agreement
Given the complex and arduous nature of contested divorces, it is crucial to explore all avenues of reaching an agreement with your spouse prior to initiating legal proceedings. Mediation stands as an ideal first step in this endeavor. By working together and striving to find common ground, you can potentially save yourself the financial strain and time-consuming ordeal of a contested divorce. However, should mediation fail, you can proceed to file for a motion hearing. If even that proves insufficient, a trial becomes inevitable. It is essential to bear in mind that contested divorces tend to be costly and time-consuming, making it imperative to exhaust all options for mutual agreement before pursuing legal action. Consulting a seasoned New Hampshire divorce attorney can offer valuable guidance and support throughout this challenging process.