Steps to Take When Facing a Contested Divorce

Divorce is never easy, and when both spouses disagree on key issues, the process can become more challenging. Missouri law provides a structured approach to handling contested divorces, and knowing what to expect can help ease the stress of the situation.

By taking the right steps, you can work toward a fair resolution while protecting your rights and interests.

If you and your spouse are dealing with a contested divorce, it’s important to stand up for what you deserve. Not sure where to start? That’s where we can help. At Talbert Law LLC, we’ve helped numerous clients work through their divorces in Kansas City, Missouri. Here’s how we suggest getting through a contested divorce.

What Is a Contested Divorce?

A contested divorce arises when spouses struggle to reach an agreement on critical matters related to their separation. These disputes often involve intricate legal and financial considerations that require thorough negotiation or court intervention. Without mutual consent, the process can become lengthy and stressful. Key areas of disagreement typically include:

• Division of assets and debts

• Child custody and visitation

• Child support and alimony

• Division of retirement accounts

• Spousal maintenance and healthcare coverage

• Responsibility for shared business interests

In Missouri, courts encourage spouses to reach agreements through mediation or negotiation. If that fails, a judge will make final decisions based on the best interests of the child and equitable distribution laws.

Step 1: Hire an Experienced Divorce Attorney

Legal representation is critical in contested divorces. A knowledgeable family law attorney can provide guidance, represent your interests, and help you understand Missouri divorce laws. When choosing an attorney, there are a few traits you should prioritize to make sure you’re working with the right professional.

• Look for experience in Missouri family law

• Seek someone who communicates clearly and listens to your concerns

• Ask about past cases similar to yours

• Discuss legal fees and potential costs upfront

• Evaluate their negotiation and litigation skills

• Consider their ability to handle high-conflict situations

An advocate who understands Missouri courts can make a significant difference in the outcome of your case. The legal system can be difficult to manage, and working with an attorney familiar with local procedures and judges provides a strategic advantage.

They can anticipate potential challenges, craft compelling arguments, and present evidence in a way that aligns with Missouri’s legal expectations. An experienced lawyer not only protects your interests but also helps reduce stress by handling the legal side, allowing you to focus on moving forward with your life.

Step 2: Gather Essential Documentation

A contested divorce often involves disputes over finances, property, and child-related matters. Gather all necessary documents early on that can potentially strengthen your case and prevent unnecessary delays. Some of the most important documents you should have ready include:

• Tax returns from the past three to five years

• Bank statements and credit card statements

• Mortgage and loan documents

• Retirement account and investment records

• Pay stubs and employment records

• A list of marital assets and debts

• Any prenuptial or postnuptial agreements

• Insurance policies and medical expense records

• Documentation of shared business investments

Providing clear financial records helps establish a fair division of assets and supports requests for spousal or child support.

Step 3: Consider Mediation or Settlement Negotiations

Missouri courts encourage mediation to resolve disputes outside of the courtroom. Mediation allows both parties to negotiate terms with the help of a neutral third party. This process can be beneficial because it:

• Saves time and legal expenses

• Gives both spouses more control over the outcome

• Reduces conflict and promotes amicable resolutions

• Keeps sensitive family matters private

• Provides a platform for structured discussions

• Helps clarify priorities before going to court

If mediation does not lead to an agreement, settlement negotiations through attorneys may still be an option before proceeding to trial.

Step 4: Prepare for Court Proceedings

If mediation and negotiation fail, the case will go to trial. Missouri courts require both parties to present evidence supporting their claims. Court proceedings can be lengthy and require thorough preparation to present a strong case.

Proper legal guidance can help individuals understand their rights and responsibilities throughout the process. To prepare for court, you will often need to:

• Draft legal arguments with your attorney

• Collect witness testimony, if applicable

• Compile financial records and parenting plans

• Review court procedures and expectations

• Develop strategies to refute claims made by the opposing party

• Identify potential legal challenges ahead of time

During the trial, a judge will hear both sides of the argument and issue a final ruling on any contested issues. Following the court’s decision is mandatory, and failure to comply can lead to legal consequences.

Step 5: Focus on Child Custody and Support Matters

When children are involved, custody and support arrangements become top priorities. Missouri courts make custody decisions based on the best interests of the child, considering factors such as:

• Each parent's ability to provide a stable environment

• The child’s relationship with each parent

• Any history of domestic violence or substance abuse

• The child’s wishes, if they are mature enough to express them

• The parents' ability to cooperate in co-parenting

• The educational and medical needs of the child

Child support is determined using Missouri’s standard calculation, which considers income, healthcare expenses, and childcare costs. Parents must adhere to the court’s orders regarding custody and support.

Step 6: Address Emotional and Financial Impacts

A contested divorce can be emotionally and financially exhausting. Taking proactive steps to manage stress and financial concerns can make the process more manageable. Some key steps you should take include the following:

• Seek emotional support: Talk to friends, family, or a therapist.

• Create a budget: Track expenses to adjust to potential financial changes.

• Stay organized: Keep legal documents and court dates in order.

• Maintain a positive co-parenting approach: Prioritize your child's well-being.

• Plan for post-divorce financial independence: Develop a financial strategy for after the divorce is finalized.

• Engage in self-care practices: Exercise, rest, and maintain social connections.

Understanding that emotional resilience and financial stability go hand in hand can help individuals work through the divorce process more effectively.

Step 7: Finalize the Divorce Decree

Once the court makes its final ruling, a divorce decree is issued. This document outlines all decisions regarding asset division, custody arrangements, support obligations, and other legal matters. Compliance with the decree is essential, and any modifications must go through the court system.

If circumstances change in the future, such as income loss or relocation, individuals may petition the court for modifications to the decree. Seeking legal assistance for modification requests can help streamline the process and protect one's rights.

How Our Firm Can Help

Contested divorces require careful planning and strong legal representation. Our firm works closely with clients to develop strategies that protect their interests while striving for fair resolutions. We strive to assist our clients with the following:

• Legal representation in mediation and court proceedings

• Asset division and financial negotiations

• Child custody and support matters

• Post-divorce modifications when necessary

• Enforcing court-ordered divorce agreements

• Protecting clients from unfair settlements

• Helping clients establish a post-divorce financial plan

We understand the emotional and financial toll divorce can take, and we are committed to guiding clients through every step of the process.

Contact Talbert Law LLC Today

Facing a contested divorce in Missouri can be stressful, but taking the right steps can help protect your rights and lead to a fair resolution. If you are dealing with a divorce and need legal guidance, our attorney at Talbert Law LLC can provide the support needed to achieve the best possible outcome.

We serve clients in Clay County, Jackson County, Missouri, and Johnson County, Kansas. Contact us today to schedule your consultation.