What Makes a Divorce Contested
In a contested divorce, one spouse—the plaintiff—files a complaint for divorce along with the necessary forms with the court. The other spouse—the defendant—files an answer with the court. The filing of that answer is what makes the divorce contested: the defendant is now actively responding to the complaint rather than letting it proceed uncontested.
Discovery — Exchanging Information
Once the case is contested, the parties exchange information through a process called discovery. Discovery lets each side learn the relevant facts—about income, assets, debts, and other issues—so the case can be evaluated honestly and prepared for either settlement or trial.
Attempting to Settle
The parties will then try to resolve their differences. In most cases, the parties settle—reaching agreement on the contested issues without the need for the court to decide them. A negotiated settlement usually costs less, takes less time, and gives both spouses more control over the outcome than letting a judge decide.
The Final Hearing & Trial
Both spouses attend the final hearing. If the parties have settled, the court reviews and approves the agreement. If the parties cannot settle their differences, the case goes to trial in front of a judge. The court will then decide all contested issues—such as parental rights and responsibilities, child support, spousal support, and the division of property and debts—based on the evidence and the law. (Ohio does not allow jury trials in divorce cases.)
Because so much is at stake in a contested case—your children, your finances, your future—you want a lawyer who is prepared to negotiate a fair settlement and ready to try the case when settlement is not possible.
The information on this page is general in nature and is not legal advice. No attorney-client relationship is created by your use of this site. Please consult Pirnia Law Office about how Ohio law applies to your specific situation.