Building Your Case In A Contested Divorce

Contested divorces occur when two people are unable to come to an agreement about one or more aspects of the terms of their divorce. As a result, this is a fairly common type of divorce proceeding, but that doesn't make it any easier on those going through one. Your spouse could contest any number of things, so it's a good idea to build your case for each of the terms involved.

Understanding the Individual Components

Standard terms for a divorce involve the division of finances, property and business ownership, as well as child custody. Financial ownership must be provided for both the division of assets in an account and the ownership of those accounts after the divorce is finalized. Property ownership works much the same way, unless that property is part of a business. Joint ownership of a business is still possible after a divorce, but that often requires both parties to agree to maintain an equal partnership unless specifically outlined in divorce documents.

The specifics of child custody warrant additional attention, as only a limited scope of the matter is actually addressed during the divorce. In most counties, the details of custody fall under a separate umbrella and require a separate hearing to finalize if disputed. Divorce proceedings rarely address specifics of parental obligations, such as financial support and visitation schedules.

Guidelines to Consider Before Presenting Your Case

Regardless of the nature of the dispute or the specific area your spouse is contesting, there are certain immutable truths to bear in mind. To begin, don't rely on individual witnesses to prove your case. The more concrete documents and irrefutable evidence you can bring forward, the more stable your case will appear. Most divorce judges will defer to physical evidence or documentation over witness testimony during proceedings.

Focus your attention on paper-trails for ownership of property, including real estate and structures. When attempting to show primary ownership of financial accounts use deposit slips or transaction records from the controlling institution that show where the money came from. When arguing your case over child custody disputes, make sure you focus on your ability to provide for the needs of your child using employment records and documented proof of your involvement in their scholastic achievements, rather than casting aspersions on your spouse's involvement.

It can be hard to avoid the temptation to participate in mudslinging during a contested divorce, but attacking your spouse in this way can often backfire. Instead, focus on facts and argue on the merits of your evidence rather than presenting your spouse in a negative light. If you're looking for an attorney to help you with your case, consider a company like the Law Office of Shelli Wright Johnson.