Winning a contested divorce case isn’t a walk in the park. A contested divorce case is a court-mediated case involving disagreement over critical aspects, such as child support, asset division, alimony, and custody. Essentially, such divorce cases arise due to unrelenting resentment so both parties can’t agree peacefully on the terms of their divorce.
Winning such a contested divorce case is challenging. You’ll need to be well-prepared to tackle the obstacles thrown your way. If you’re wondering how to win in a contested divorce case, here are a few pointers.
1. Hire A Divorce Attorney
The first crucial move to win a high-conflict divorce case is to hire an experienced divorce attorney. The only scenario where you may not need an attorney is if the divorce is uncontested. Contested divorce cases can become complex. So both parties are highly advised to hire a lawyer to settle the case fairly, equitably, and amicably.
A qualified lawyer has the experience, knowledge, and expertise to deal with such cases. They know the right buttons to press and the winning strategies. Divorce cases involve a lot of emotions, so it can be easy to lose sight of the bigger picture. Your attorney will guide you through the process, ensuring you don’t make decisions based on your emotions.
Getting an experienced attorney in your region is relatively easy. You can search the internet for a list of qualified professionals in your area. For instance, if you live in Clarksburg, you can easily find an experienced lawyer by searching for divorce attorneys serving Clarksburg. Explore their websites, examining their operating licenses, reviews, and experience level. Remember, divorce may have a lifelong effect on your family, kids, and friends. You’d, therefore, want to have a dedicated legal team to help you throughout the process.
2. Understand Parenting Plan Guidelines
You must also understand the parenting plan guidelines. Knowing the terms regarding child custody, visitations, and other vital co-parenting aspects allows you to get the best outcome that benefits your kids’ well-being and yours.
As such, these guidelines could also be crucial for winning the case. Courts value the interest of children more than the parents. A judge knowing you’re fighting for your children rather than selfish gains will give you an upper hand.
However, note that different regions may have varying parental plan guidelines, and it is best to do your due diligence beforehand.
3. Build A Compelling Case
Building a compelling case is critical to achieving a favorable outcome. This involves gathering and presenting evidence that supports your position on issues such as child custody, division of assets, and spousal support. It is essential to work closely with your attorney to identify the key issues in your case and develop a strategy for presenting your evidence clearly and persuasively.
One way to build a compelling case is to gather as much evidence as possible. This may include financial records, emails, text messages, and witness statements. It is also important to be prepared to testify and present your case in court. By working with your attorney to develop a clear and concise narrative, you can help ensure that your evidence is presented in a compelling and persuasive way to the judge or jury. Building a compelling case requires careful planning, diligent preparation, and effective communication with your attorney.
4. Control Your Anger
One of the main reasons a spouse files for divorce is payback. For example, if your partner may have been unfaithful, it’s easy to amass feelings that make you want to do anything to hurt them as much as they did you. However, revenge shouldn’t be your first motivation for filing for divorce. Payback is one of the biggest divorce mistakes you could make.
Many crucial factors are at stake, especially the children and assets with your partner. An unabated resentment and drive for revenge can cloud your judgment, jeopardizing your chances of winning the case or getting a reasonable settlement. Therefore, control your emotions, especially during a confrontation with your would-be ex-partner. Maintain your cool regardless of how much your partner riles you up or how much you want revenge.
5. Don’t Leave Your Marital Home
When filing for a divorce, many people prefer leaving their marital homes. This is probably because living with your soon-to-be ex-spouse may involve too much conflict, making living under the same roof with them nearly impossible. However, leaving your home isn’t a smart move.
Your partner’s attorney can use it as leverage to question your commitment and dedication to your family. The court can see it as giving up on your rights, and your partner may claim abandonment. Therefore, remain in your marital home if it’s among the assets you want to keep in the divorce.
6. Consider A Settlement Agreement
Don’t go to court with your headset on winning the case. Sometimes, considering a settlement agreement can be more beneficial than winning the case. For one, it saves both parties the time and finances you’d otherwise use in court proceedings. You and your partner also have a chance to determine the terms and outcome of the divorce and develop an amicable relationship.
Winning a high-conflict divorce case can be challenging. It requires thorough preparation, solid defense, and a compelling case. Follow the strategies discussed to help win the case or reach a reasonable settlement agreement. Remember, divorce is among the usual family issues requiring an attorney. You’ll need an experienced one to win a contested divorce case.