Contested Divorce — When the Case Goes to Court
A contested divorce means that no agreement exists between the spouses on some issue — the fact of the divorce itself, the children, the property or maintenance. Under Article 1123, a divorce takes place through the courts where there is a dispute between the spouses; otherwise the matter is resolved through the civil acts registration authority. In court litigation every position must be supported by evidence, and that is where the lawyer's work begins: we build the concept of the claim, determine which issues will be decided together with the divorce, and make sure that none of your interests is left unprotected in the process. Note as well that during the wife's pregnancy and for one year from the child's birth the husband has no right to bring the case without the wife's consent — this restriction must be taken into account at the very first stage of planning.