Mississippi Divorce Attorney Talks about Contested Divorce

When divorcing spouses cannot agree on one or more of the topics that must be decided in their Mississippi divorce, their case will proceed to a trial where those issues will be decided by the court after the parties explain their respective positions and present evidence in support of those positions.

Much of the evidence that the parties will present to the court is obtained through a process called Discovery. During Discovery, the parties request information from each other through their attorneys and provide information through their attorneys in order to comply with requests for information that they have been asked to provide. Financial documents are often the topic of discovery, and both parties in any divorce action must complete Inventory and Appraisement forms that list all of the property owned by each of the parties and all of the liabilities owed by the parties. It is important that parties realize just how important it is that the Inventory and Appraisement documents are completed truthfully and accurately, because they are sworn statements.

As the date for a divorce trial draws near and the parties are unable to reach agreement on one or more issues, their attorneys begin their final preparations of the case for trial. About a month before the trial date, both parties submit pre-trial documents to the court. The pre-trial documents contain each party’s suggestions as to how they want the court to rule on issues like custody and property division.

When the trial date arrives, the divorcing spouses present evidence in support of their position on each of the contested issues in the case. The parties themselves are often the most important witnesses in a divorce case, but they may also call other witnesses who have relevant information regarding one or more of the contested issues to testify. It is important to note that many couples are able to agree on one or more issues before the trial, so the trial deals only with issues where there is not an agreement. Common topics upon which agreement does not occur before trial include division of assets, division of debts, and division of parenting time.

At the close of the divorce trial, the judge will decide how to rule on each of the contested issues, as well as on the ultimate issue of whether to grant the parties a divorce. After the trial, one of the parties’ attorneys prepares a Final Judgment of Divorce, and sends it to the judge, who signs it and then sends copies of it to the parties so that they can have all of the information that they need to comply with the terms and conditions that have been set forth for them.

Whether your divorce is resolved through settlement or you proceed to trial, Mississippi Divorce Attorney Matthew S. Poole is here to help you every step of the way. If you have questions or concerns about getting divorced in Mississippi, get the answers that you need by calling us today, at (601) 573-7429, to schedule a free, initial consultation.

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Mississippi Divorce Attorney Talks about Contested Divorce
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Mississippi Divorce Attorney explains uncontested divorce.

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