If you’ve been looking into how divorce works in Rhode Island, you’ve likely come across the terms “contested divorce” and “uncontested divorce.” Put simply, an uncontested divorce is when a couple agrees on all divorce-related terms, including those involving child custody, child support, property division, and spousal support, among other things. A contested divorce, on the other hand, is when spouses cannot agree on one or more important issues that must be resolved before the divorce can be finalized.
Though contested and uncontested divorces may begin with many of the same filings, the path forward can look very different. In an uncontested divorce, the parties are generally prepared to submit a proposed agreement to the court. In a contested divorce, however, the parties may need additional hearings, discovery, negotiations, mediation, or even a trial before the matter is resolved. Continue reading and reach out to our Providence divorce lawyers to learn more about contested divorce in Rhode Island and how the process typically works.
What Issues Can Make a Rhode Island Divorce Contested?
In some cases, spouses may agree that they want to get divorced, though they cannot agree on certain terms of the divorce itself. In other situations, virtually every aspect of the divorce may become disputed. Some of the most commonly contested divorce-related issues are as follows:
- Child custody
- Parenting time and visitation schedules
- Child support
- Alimony or spousal support
- Division of debts and financial obligations
- Ownership of the marital home
- Retirement accounts and investments
- Business ownership interests
- Claims involving marital misconduct
Often, issues involving children are among the most heavily contested matters in any divorce. Rhode Island courts will primarily focus on the best interests of the child when determining custody arrangements, and the courts may examine several factors before issuing a final order.
Financial disputes are also extremely common in contested divorces, especially when couples own substantial assets or have been married for many years. In many cases, one spouse may believe certain property should remain separate, while the other spouse may argue that the property should be subject to division. These disputes can become especially complex when retirement accounts, real estate, business interests, investments, or inherited assets are involved.
How Does a Contested Divorce Proceed in Rhode Island?
There are several stages involved in a contested divorce. Though every case is different, most contested divorces generally follow a similar path through the Rhode Island court system. Typically, the contested divorce process includes:
- Filing a divorce complaint
- Serving divorce papers on the other spouse
- Filing an answer and counterclaim
- Exchanging financial records and other documents through discovery
- Attending hearings regarding temporary issues
- Attempting settlement negotiations or mediation
- Proceeding to trial if no agreement can be reached
One of the longest portions of many contested divorces is the discovery process. During discovery, both parties will exchange information and documentation regarding their finances, assets, debts, income, property ownership, and other relevant matters. In some situations, outside experts may also become involved, particularly if there are disputes regarding business valuations, real estate appraisals, custody-related issues, or complex financial holdings.
Many contested divorces do not ultimately go to trial. In fact, even when a case begins as contested, the parties may still be able to resolve some or all disputed issues through negotiation or mediation. However, if an agreement cannot be reached, the court will need to decide the unresolved issues.
How Long Does a Contested Divorce Take in Rhode Island?
Unfortunately, contested divorces frequently take significantly longer than uncontested divorces. This is because the court cannot finalize the divorce until all disputed issues are fully resolved, either through settlement negotiations or through litigation at trial. Several factors may affect how long a contested divorce takes, including the following:
- The number of disputed issues
- Whether children are involved
- The complexity of the couple’s finances
- Whether a business is involved
- The willingness of both spouses to negotiate
- Scheduling issues within the court system
- Whether the case ultimately proceeds to trial
Some contested divorces may be resolved in several months, while others can continue for more than a year. Generally speaking, the more disagreements involved, the longer the process tends to take. That said, every divorce is different, and the timeline will depend heavily on the facts of the case and the parties’ ability to work toward resolution.
Do I Need an Attorney for a Contested Divorce?
If your divorce is contested, it is especially important to have experienced legal guidance in your corner. Contested divorces often involve high-stakes issues, including parenting rights, financial support, property division, and long-term financial security. An attorney can help you understand your rights, gather the necessary documentation, negotiate strategically, and advocate for your interests in court when necessary.
If you would like to speak with an experienced divorce attorney about your case or you need assistance through the process, please don’t hesitate to contact Caprio Law today to schedule an initial consultation.
