Contested Divorce Attorneys in Potomac, MD

Divorce can be one of the most emotionally overwhelming times in a person’s life. The process can be even more stressful when spouses do not agree on the issues that must be resolved and the case is contested. The contested divorce attorney team at Strickler, Platnick & Hatfield, P.C. understands how challenging and exhausting a contested divorce can be. No matter how complex your case is, we strive to take the burden off your shoulders as we work tirelessly to reach the best possible resolution.

What is a Contested Divorce?

A contested divorce is one in which spouses cannot agree on one or more of the issues that must be decided before the divorce judgment can be rendered. In situations where spouses cannot reach a settlement outside of court, a judge would be required to determine the outcome in order for the divorce to be finalized. In contrast with an uncontested divorce, where spouses work out the issues between themselves, a contested divorce can involve a lengthy legal battle that potentially culminates with a trial.

In a contested divorce, any of the following issues may be in dispute:

• Property division
• Debt allocation
• Child custody
• Child support
• Spousal support/alimony

At Strickler, Platnick & Hatfield, our contested divorce attorney team can evaluate your case and discuss the options that are available to you. In many situations, spouses can reach a mutually agreeable resolution outside of court using an alternative dispute resolution method. However, if a settlement cannot be reached in your case, we know how to strategize effectively, gather the evidence necessary to support your position, and present a compelling case at trial.

What are the Steps in a Contested Divorce?

Although every contested divorce is unique, the legal process is typically the same in every case. First, a spouse must commence the divorce action and serve the initial papers on the other spouse. The Complaint initiates the case, states the grounds for divorce, and outlines the relief requested. After being served with this document, the respondent spouse will then have the opportunity to file an Answer and a counterclaim.

Once the pleadings stage has concluded, the discovery process begins. This phase of litigation allows the spouses to exchange relevant information to learn about the other side’s position and build their case. This stage can often be the longest in a contested divorce, particularly when there are matters involving nuanced financial issues or concealed assets. There are a variety of tools that can be used to gather evidence, including depositions, interrogatories, requests for documents, and subpoenas.

While the case is ongoing, both sides may make motions asking the court for rulings on certain issues and request temporary orders. The court will also schedule a series of conferences to streamline the issues that will be heard at trial and encourage settlement between the parties. If a settlement is not reached, the case will proceed to trial where a judge will listen to testimony, evaluate evidence, and ultimately determine the issues in dispute.

Is Proceeding with a Contested Divorce Right for My Case?

A contested divorce is typically more expensive and time-consuming than an uncontested divorce. When a case is contested, emotional wounds can intensify and conflict between spouses can escalate even further. But while sometimes a spouse may simply contest a divorce to be vengeful, there are certain situations where proceeding through the litigation process may be necessary. Not only can litigation offer a structured framework to keep a case moving forward, but it can help ensure the legal and financial rights of both parties are adequately protected.

The contested track may be the right option in the following circumstances:

• Negotiations have stalled and the divorce is not moving forward
• Domestic violence or abuse is an issue in the case
• There are international issues
• A spouse is concealing assets or withholding financial information
• A spouse is behaving dishonestly or is unwilling to cooperate
• Parental alienation is a concern
• There is a power imbalance between the spouses
• A spouse has committed financial or marital misconduct
• There is a history of manipulation or lack of transparency

Notably, even if your case begins as an uncontested matter, it can become contested if disagreements later arise that cannot be resolved without judicial intervention. Whether your case was contested from the outset or negotiations have stalled, the contested divorce attorney team at Strickler, Platnick & Hatfield can help you achieve your goals. Leveraging our decades of experience, we possess the skill, insight, and experience required to successfully navigate even the most contentious matrimonial matters.