A contested divorce occurs in those cases in which the couple hasn’t managed to reach an agreement with regards to their willingness to divorce, or the terms of the regulatory agreement. Consequently, the parties are able to request that the court begin contested divorce proceedingsthrough the filling of a lawsuit, which must be written and signed by a lawyer and legal representative, and which will be passed to the defendant, the other spouse, in order for them to respond in writing.
Background documentation should be attached to the claim:
- Marriage Certificate issued by the Civil Registry Office
- Certificates of birth of the children (should there be any)
- All documents available to the plaintiff which will assist in the evaluating of the economic circumstances of the spouses, such as tax returns, payslips, bank certificates, property deeds (in cases in which property settlement measures are requested), etc.
This procedure will include a court visit which must be attended, accompanied by our lawyer, given that, otherwise, the facts set out by the other party shall be considered true, given that the use of evidence or witness is permitted.
The process will conclude with the judgment issued by the judge, declaring the marriage dissolved and adopting the family and property measures deemed appropriate.
In addition, a contested divorce can always turn into a divorce by mutual consent should both parties reach an agreement.
If you need help negotiating your contested divorce, then get in touch with our lawyers.