When you file for divorce, hopefully you and your spouse will be able to hash out all your legal issues without need for litigation. But the reality is that your negotiations might not prove as fruitful as you hope, which forces you to address the matter in open court. When that happens, you’ll have to ask the court for a contested final hearing. But what goes into this hearing and how can you effectively navigate it? Those are important questions that we hope to answer here so that you know the best way to navigate your divorce while protecting your interests.
What you need to know about a contested final divorce hearing
There’s a lot to know about a contested final hearing. And you have to have a full understanding of the process if you want to maximize your chances of success. That said, here are some key issues you should be aware of as you proceed with your divorce and head toward a contested final hearing:
- Evidence will have to be submitted a specific way: Given that the court will have to issue a decision on key divorce legal issues during a final hearing, the rules of evidence will apply. This means you can’t rely on hearsay, and you have to lay proper foundations prior to admitting evidence. If you don’t know how to follow the rules of evidence and utilize them to your advantage, then you could be disallowed from presenting evidence that’s key to your position, and your spouse might be able to slip evidence past you. Don’t let that happen.
- Notice must be provided: While either party can request a contested final hearing, adequate notice has to be given to the other spouse. State law requires at least 45 days’ notice to allow the other party time to formulate their response and their strategy. You have to make sure you follow the trial rules when it comes to providing that notice, too, meaning that there are specific ways that the notice must be given to your spouse.
- You may be required to mediate: The court may require you and your spouse to sit down for mediation prior to proceeding to a contested final hearing. The hope here is that, with the assistance of a neutral third-party, you and your spouse will find mutually acceptable resolution that’ll avoid the need for trial and will save everyone, including the court, time and resources. When you head to mediation, you have to make sure you have a strong strategy so that you don’t wind up caving on issues that are important to you.
- You’ll need evidence that speaks to the legal issues in play: There are multiple divorce legal issues that could be in dispute at your contested final hearing. You need to focus on gathering evidence that speaks to them. For example, if spousal support is on the line, then you should gather evidence about the other spouse’s ability to pay as well as the sacrifices you made during your marriage.
There’s a lot to think about when preparing for a contested final hearing. Not only do you have to build your own legal arguments, but you also have to anticipate those that’ll be raised by your spouse so that you can effectively counter them. As a result, now is probably the best time to start building your legal strategy so that you can position yourself to claim the post-divorce life that you envision for yourself.