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215-922-2055 – PA
856-302-3989 – NJ

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Philadelphia Contested Divorce Attorney

Spouses may file for a Philadelphia contested divorce in an instance where there are property issues or custody issues that cannot be resolved through mediation or discussion. Contested divorces may also be sought when domestic violence or other heinous acts precipitated prior to the divorce proceedings. If one or more parties is controlling or contentious, contested divorces may be the only viable solution. When both spouses cannot meet to mutually decide upon distribution of assets and custody, you will need a Philadelphia contested divorce attorney who will represent you in a Contested Divorce Case. In this instance, litigation will occur in a court of law and the courts will decide upon how the assets will be distributed.

In these instances, the following steps must occur to file a contested divorce:

• Select and meet with a divorce attorney. The spouse must select an attorney that will best represent the interest of the hiring party. Be certain that you can establish a rapport with an attorney before hiring the individual. Do not hire an attorney that cannot represent your interests adequately.
• Courts issue a divorce petition to the receiving spouse. If the defendant cannot be located, the divorce will be posted in the local newspaper. Before proceeding with the divorce, courts will require that you wait a specified period of time.

Court Room • Spouse issues an “Answer” or response to the divorce petition. The receiving spouse has 30 days to respond. If the spouse does not respond, then the court may award the “plaintiff” a default divorce decree.
• Discovery: During this procedure, the attorney “discovers” the combined assets of the spouses, the income, property, and custodial responsibilities of any children.
• Settlement: During the settlement phase, each spouse is encouraged to reach amicable agreement regarding the division of assets. If the two parties cannot, then the case will go to divorce court.
• Trial: During the trial, evidence will be presented. Each side will demonstrate their case through witnesses, documentation, and other forms of evidence. A judge will make the final decision regarding the case.
• Post-Trial Motions: Either party has 30 days from the close of trial to issue a “post-trial” motion. This motion seeks relief from the judge’s final decision.