Contested Divorce
A Contested Divorce case means that the parties have not been able to reach a mutually acceptable agreement to resolve the disputes in their divorce case. When parties can not agree, on one or more matters, the case is "contested," and requires the rulings of a judge to determine a fair and equitable division of the marital estate. A Contested Divorce hearing or trial is called a Final or Permanent Orders hearing. At this hearing, the parties may call witnesses and introduce evidence or documents that support their respective positions. At the Final Orders hearing, the rules of evidence apply to what the court may or may not consider. Since there is no right to a trial by jury in a Contested Divorce case the parties must rely on the rulings of the judge. A judge in a Contested Divorce Final Orders Hearing, has the discretion to enter certain orders which the judge believes is fair. Absent an abuse of discretion by a judge at a Final Orders hearing, a judge's rulings will not be overturned by an appellate court. Therefore, there is a lot at stake when parties who can not agree ask a judge to rule on the issues in their divorce case. A Final Orders Hearing is usually scheduled for a specific block of time on the judge's docket for a date certain. The parties will be required in a Contested Divorce case to submit their "position statements" at least 10 days before the hearing, in a document called, a Trial Management Certificate (TMC). In a Trial Management Certificate, the judge can have the parties' respective positions on the issues and what the parties are requesting the judge to do at the hearing.