A contested divorce case moves more slowly through the courts.  One party files the complaint and the required court papers (plaintiff).  After the complaint is filed, an initial hearing is scheduled. 

The court provides you with the information regarding the hearing, which must be included in the papers you serve on your spouse (defendant).  While there are a few options for the service process, they are all specific and must be properly complied with.  After the defendant receives service, they have 21 days to respond. 

In most contested divorce cases, the parties eventually come to an agreement and avoid going to trial. However, the contested process can take a year or longer to resolve.  If the parties do come to an agreement, they can amend their filings to reflect agreement and proceed through the uncontested process as stated above.

It is usually in the parties’ best interests to come to an agreement without the court’s involvement. If you hire an attorney to help you through the negotiation of a settlement or use a mediator to reach agreement, and both parties agree to a low or no conflict resolution, everyone, including the family, usually comes out better in the end.