What is a contested divorce?
At present, there is still no precise description of what a divorce dispute entails, but however, it can be understood succinctly as a contention surrounding familial matrimony that culminates in divorce. Such disputes encompass contested divorces with differing perspectives on matters such as asset allocation, parental rights, and familial support after the dissolution of the marriage.
A divorce dispute entails the contestation of familial nuptials ensuing upon the disintegration of the marital bond, wherein one party, either the husband or the wife, requests a divorce. Within this context, disputes arise concerning the division of assets and the custody and financial provision for the children following the termination of the marital union. Moreover, the non-custodial parent reserves the right to petition for a modification of child custody should they not bear direct responsibility for the upbringing of the child.
Difference between a contested divorce and an uncontested divorce
Essentially, although these two procedures share similarities, they possess fundamentally distinct natures. The subsequent analysis delineates the disparities between the forms of divorce:
| Contested divorce | Uncontested divorce | |
| Definition | Contested divorce entails a scenario where either the husband or the wife initiates the divorce process, without reaching a mutual understanding or consensus regarding aspects such as the marital relationship, child custody. | Uncontested divorce refers to a situation in which both husband and wife voluntarily seek a divorce, having successfully reached agreements on all aspects related to their spousal relationship. These aspects encompass matters such as child custody, financial support, and the equitable division of assets, all while safeguarding the just rights and interests of both the wife and children involved. |
| Characteristic | A dispute arises, and one of the spouses, either the husband or the wife, independently submits a petition to the court requesting a divorce. | No disputes, both spouses mutually agree to divorce. |
| Conditions |
|
Both spouses mutually petition for divorce and meet the following three conditions:
|
The importance of a contested divorce attorney
- Offer legal consultation on the existing laws and regulations regarding the criteria for determining shared and separate assets of spouses during their marriage.
- Provide guidance on the resolution of disputes concerning the division of marital assets when going through a divorce.
- Advise on the appropriate steps to resolve disputes regarding the division of assets to establish the basis for determining the spouses’ obligations toward third parties, such as individuals or organizations they owe debts to.
- Offer legal guidance on handling financial disputes related to land use, residential properties, and other assets connected to land ownership.
- Provide legal advice on the procedures and options available for resolving conflicts regarding child custody, care, and education after divorce, ensuring the best interests of the children involved.
- Advise on settling disputes and determining the appropriate level of child support, including choosing the suitable method of providing financial support, while safeguarding the rights and obligations of the parties involved, as defined by legal provisions.
- Offer insights into potential legal risks and drawbacks associated with pursuing court intervention in property disputes and child custody matters.
- Guide on preparing the necessary documentation for divorce cases involving disputes, including both consented and mutual consent divorces where disagreements arise regarding child custody and asset division.
- Offer legal advice on determining the competent People’s Court for handling divorce cases with disputes, clarifying the submission procedures, and providing an overview of the timeframes for resolving contested divorce cases as per legal regulations.
- Provide legal consultation on the procedural aspects of settling divorce disputes within the court system.
The contested divorce process and the divorce lawyer’s role
Step 1: One of the spouses files a divorce petition at the People’s Court.
The specific jurisdiction for divorce cases is determined as follows:
Jurisdiction for uncontested divorce
In cases of uncontested divorce, the spouses can agree to file the petition at the district/provincial court where either spouse has their residence (registered permanent address).
Jurisdiction for contested divorce
For contested divorce cases, the relevant provisions stated in Article 39 of the Civil Procedure Code 2015 are applied. The court with jurisdiction is determined based on the district/province where the petitioner’s registered permanent or temporary residence is located.
Step 2: The court issues an acknowledgment of the received divorce petition.
Upon receiving a valid petition within the specified timeframe, the court examines the petition and provides a notice to the husband or wife, requesting them to pay the required preliminary court fees.
Step 3: Payment of preliminary court fees for the divorce.
The husband or wife pays the preliminary court fees for the civil case at the Enforcement Office of the respective district/provincial court and submits the payment receipt to the court.
Step 4: Divorce mediation conducted by the court.
Within a period of 15 working days, the court carries out a mediation session.
Step 5: Convening the divorce court hearing.
Within a period of 7 days following an unsuccessful mediation session, and with no changes to the decision regarding the divorce, the People’s Court proceeds with the divorce court hearing to give the final divorce decree.
A contested divorce attorney can provide crucial support when facing unpleasant surprises
Benefits of working with a contested divorce attorney
Lawyers specializing in resolving property disputes during divorce play a crucial role in safeguarding the legitimate rights of their clients within the realm of shared assets. They possess comprehensive knowledge of the relevant laws and regulations and offer valuable advice and recommendations to enable clients to protect their interests effectively in the marital estate. Moreover, divorce lawyers can directly represent clients in court proceedings to assert their lawful rights, as well as act as their representatives when liaising with enforcement authorities to ensure the enforcement of court decisions.
Lawyers handling property disputes during divorce thoroughly assess the entire case, including all pertinent documents, evidence, and legal considerations, in order to provide optimal solutions tailored to their clients’ needs. With the involvement of a lawyer, property disputes can be resolved more effectively, reducing the overall duration of the process, and ensuring compliance with legal requirements.
Lawyers resolving property disputes during divorce provide invaluable assistance to clients in preparing comprehensive and accurate documentation. They offer extensive support in various document-related matters, such as drafting divorce petitions, gathering relevant paperwork for the divorce case, compiling pertinent evidence, liaising with the court and enforcement authorities, and obtaining certified copies of necessary documents.
How to choose a good divorce attorney
- Experience and expertise: Find out about the lawyer’s experience and expertise. Consider the number of years they have been working in the field of family law and whether they specialize in family law and divorce.
- Reputation and case history: Know the lawyer’s reputation and list of previous cases the lawyer has been involved in. Check if the lawyer has had success in previous divorce cases.
- Communication style and interaction: Meet and talk to the lawyer to assess their communication style and interaction. The lawyer should listen, understand your situation, and can express themselves clearly and thoroughly.
- Compatibility of personalities: Find a lawyer with whom you feel comfortable and trust to share personal information and family situations. The lawyer’s personality and personal values should align with yours.
- Cost: Inquire about the lawyer’s fee structure and ensure it fits within your budget. Also, discuss and understand how the lawyer charges (hourly rates, flat fees, success fees, etc.).
- Initial consultation: Most lawyers provide free initial consultations. Take advantage of this opportunity to talk to the lawyer and ask questions related to your situation. This will help you learn more about the lawyer and decide if they are suitable for your needs.
Choosing a good divorce lawyer is an important decision, so take the time to research and investigate before selecting someone who is right for you.
Secure your best interests with a divorce attorney
Legal counseling from a divorce lawyer, like an experienced family law attorney from Le&Tran Law Corporation, is of utmost importance in a contested divorce case. We specialize in handling amicable divorces and serve as the representative for clients seeking a divorce in this case. Our role is vital in providing expert legal advice, ensuring clients understand their rights and responsibilities under the law.
Additionally, we analyze the legal landscape, addressing issues such as property disputes, child custody, child support, and other relevant matters that arise during the termination of a marital relationship. We also take charge of legal proceedings, diligently preparing and submitting necessary documents, representing clients in court hearings, and skillfully negotiating with the opposing party or their legal representative.
The legal counseling provided by us offers clients a clear perspective on their legal standing, offers support throughout the challenging divorce process, and ultimately aims to achieve the best possible outcome in the contested divorce case. With their guidance, clients can navigate the complexities of divorce proceedings with confidence, knowing their rights are protected.
FAQs on working with divorce attorneys
Divorce provides a path to freedom from an unhappy marriage characterized by ongoing conflicts. It not only legally ends the marital union but also entails a range of consequential matters that require resolution, including the division of assets, child custody and spousal support, debt allocation, and other related issues. Among these matters, property division tends to be the most contentious and presents considerable difficulties for the courts.
How long does the contested divorce process typically take?
The stipulated timeframe for the entire process of filing and obtaining a court-approved amicable divorce, from the approval of the divorce petition to the issuance of the recognition decision, is 15 days. However, it should be noted that the duration between submitting the petition for amicable divorce recognition and the court’s acceptance of the case can range from 10 to 15 days. Consequently, the overall time needed to complete the procedure for an amicable divorce is approximately 30 days in practice.
What factors can influence the outcome of a contested divorce?
There are several important factors that can affect the outcome of a contested divorce. Here are some key factors:
- Family status and individual circumstances: The family status and individual circumstances of the parties involved in the divorce can influence the court’s decision. This includes factors such as health, age, ability to care for children, and other factors related to the ability to sustain the marital relationship.
- Emotional relationship and efforts for reconciliation: The state of the emotional relationship and efforts for reconciliation by the parties involved in the divorce can also impact the court’s decision. The efforts made to seek reconciliation and achieve mutual agreement can be seen as a positive factor in the dispute resolution process.
- Children’s interests: The court considers the best interests and developmental status of the children as an important factor in making decisions. The court will assess the ability to provide the best environment for the children and ensure their stability and development.
- Evidence and legal arguments: The evidence and legal arguments presented during the dispute will influence the final outcome. The court will evaluate the persuasiveness of the evidence and legal arguments in making its decision.
How can a contested divorce attorney help in high-conflict situations?
- Analyzing and evaluating the situation: The lawyer will thoroughly examine and analyze the conflict, understand the legal rights and responsibilities involved. This helps the lawyer gain a clear understanding of the issues and determine effective legal approaches.
- Providing legal advice: The lawyer will offer in-depth legal counsel, helping you understand your rights and interests in the conflict situation. They will explain the legal process, available legal options, and guide you in making informed decisions.
- Legal representation: The lawyer will represent you in the legal process, protecting your rights and interests. They will present strong legal arguments, provide evidence, and counter opposing factors to build a strong case.
- Preparation and handling of legal documentation: The lawyer will handle tasks related to gathering and selecting evidence, preparing and handling legal documentation to prove and protect your rights and interests.
Is a contested divorce attorney suitable for couples with complex financial situations?
A divorce lawyer specializing in contested divorces can be highly suitable for couples with complex financial situations. Financial disputes often accompany divorce and may involve asset division, debt management, property valuation, and other related matters.
A divorce lawyer experienced in contested divorces possesses expertise in the legal aspects of marital finances and has the skills to handle complex financial disputes. They can evaluate and analyze financial information, determine asset values, and propose equitable division options based on legal regulations and financial principles.
With the appropriate knowledge and skills, a divorce lawyer experienced in contested divorces can play a crucial role in assisting couples with complex financial situations in achieving a fair and satisfactory divorce outcome.
What are the potential disadvantages of working with a contested divorce attorney?
Working with a divorce lawyer, especially in a contested case, can incur significant financial costs. Lawyers typically charge fees for their services, including consultation, representation, and legal proceedings. The longer the case drags on or the more complex it becomes, the higher the legal expenses can be.
Please don’t hesitate to follow and access more useful information on our website. If needed, feel free to contact us for further guidance at letran@corporatecounsels.vn.
