Contested Divorce










Contested Divorce in West Virginia and Ohio: What to Expect When You Cannot Agree
Not every divorce can be resolved through negotiation and compromise. When spouses fundamentally disagree on critical issues like child custody, property division, spousal support, or child support, the divorce becomes contested and may ultimately require a judge to make the final decisions. A contested divorce is more complex and takes longer than an uncontested divorce, but it is sometimes the only way to protect your rights and your children's best interests.
At Klie Law Offices, our family law attorneys represent clients in contested divorce cases throughout West Virginia and Ohio, providing strong advocacy at every stage of the litigation process. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
What Makes a Divorce Contested?
A divorce is contested when the spouses cannot reach an agreement on one or more major issues. The disagreement does not have to cover every aspect of the divorce — even a single unresolved issue is enough to make the case contested. Common areas of dispute include where the children will live and how parenting time will be divided, how marital property and debts will be distributed between the spouses, whether one spouse will pay spousal support and if so how much and for how long, the calculation and duration of child support, who will remain in the marital home, and the division of retirement accounts, pensions, and business interests.
In some cases, the divorce is contested because one spouse does not want the divorce at all. However, in both West Virginia and Ohio, you do not need your spouse's agreement to obtain a divorce. Even if one party objects, the court can grant the divorce once the legal requirements have been met.

The Contested Divorce Process in West Virginia
A contested divorce in West Virginia follows a structured legal process that can take months or even longer depending on the complexity of the issues involved.
Filing and Service: The process begins when one spouse files a complaint for divorce with the family court in the appropriate county. The filing spouse must state the grounds for divorce and identify the issues that need to be resolved. The other spouse is then formally served with the divorce papers and has a set period of time to file a response, known as an answer and counterclaim.
Temporary Orders: In many contested divorces, there are urgent matters that cannot wait for the final resolution of the case. Either party can request temporary orders from the court addressing issues such as temporary custody and parenting time, temporary child support and spousal support, exclusive use of the marital home, and restraining orders preventing the dissipation of marital assets. Temporary orders remain in effect until the court issues its final divorce decree or the parties reach an agreement.
Discovery: Discovery is the phase of litigation where both sides gather information and evidence relevant to the disputed issues. Discovery tools include interrogatories (written questions that the other party must answer under oath), requests for production of documents (financial records, tax returns, bank statements, business records), depositions (sworn testimony taken outside of court), and requests for admissions. Discovery is particularly important in cases involving complex financial matters, hidden assets, or disputes about income for child support or alimony purposes.
Negotiation and Settlement Attempts: Even in a contested divorce, many cases ultimately settle before trial. The court may require or encourage the parties to attempt mediation, where a neutral third party facilitates negotiations. Settlement discussions can also occur between the attorneys outside of formal mediation. Settling a contested divorce gives the parties more control over the outcome than leaving the decisions to a judge and is often less costly and less stressful than going to trial.
Trial: If the parties are unable to reach a settlement, the case proceeds to trial. At trial, each side presents evidence and testimony to the family court judge, who then makes binding decisions on all contested issues. There is no jury in a West Virginia family court divorce trial. After hearing all the evidence, the judge issues a final divorce decree that addresses custody, support, property division, and any other outstanding matters.

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The Contested Divorce Process in Ohio
The contested divorce process in Ohio follows a similar structure, though there are procedural differences. Ohio divorce cases are filed in the Court of Common Pleas, Domestic Relations Division. The process includes filing and service of the complaint, the answer and counterclaim period, discovery, pretrial conferences, possible mediation or settlement discussions, and trial if necessary.
Ohio law also allows either party to request temporary orders for custody, support, and use of the marital home while the divorce is pending. The timeline in Ohio can vary significantly depending on the county and the complexity of the case. Our Canton office attorneys are experienced in navigating the Ohio court system and can guide you through each step of the process.
High-Conflict Divorce Situations
Some contested divorces involve particularly high levels of conflict. These cases may feature allegations of domestic violence, parental alienation, substance abuse, or other serious concerns that elevate the stakes for both parties and the children. In high-conflict divorces, it is especially important to have an attorney who can protect your interests while keeping the focus on achieving the best possible outcome for your family.
Our attorneys are experienced in handling high-conflict cases and understand how to present evidence effectively, respond to unfounded allegations, and advocate for our clients in difficult courtroom situations.

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Klie Law Office F.A.Q
1. What is a contested divorce?
A contested divorce is one where spouses can't agree on one or more key issues — such as child custody, how property and debt are divided, or spousal support. Because those disagreements have to be resolved, a contested case usually involves more negotiation, more court involvement, and more time than an uncontested one. Contested divorces occur in both West Virginia and Ohio.
2. How long does a contested divorce take in West Virginia or Ohio?
It depends on how complex the issues are, how far apart the spouses are, and the court's schedule. A contested divorce generally takes longer than an uncontested one and can run from several months to more than a year. Where it's possible, resolving disputes through negotiation or mediation can meaningfully shorten the process.
3. What issues are most often disputed?
The most common flashpoints are child custody and parenting time, child support, spousal support, and dividing marital property and debts. Disagreements over what an asset is worth — a home or a family business, for example — can add another layer. Klie Law Offices works to protect your interests on each of these while pursuing a fair, workable resolution.
4. Will my contested divorce have to go to trial?
Not necessarily. Many contested divorces are settled through negotiation or mediation well before a trial. But if the two sides simply can't agree on important issues, a judge may need to decide them at a hearing or trial. Having experienced representation means you're prepared either way and your position is presented effectively.
5. How can an attorney help with a contested divorce?
A contested divorce involves legal and financial decisions that can shape your life for years. An attorney manages the filings and deadlines, gathers evidence, negotiates on your behalf, and advocates for you in court when needed. Our family law attorneys guide clients through each step, working to protect their rights, their finances, and their relationships with their children.

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Protecting Your Financial Interests
In a contested divorce, financial issues are often at the center of the dispute. Proper valuation and identification of all marital assets is critical. This may involve working with forensic accountants, business valuation experts, or real estate appraisers to ensure that the full marital estate is accounted for. Common financial issues in contested divorces include the division of real estate, the division of retirement accounts and pensions through qualified domestic relations orders, valuation and division of business interests, allocation of marital debts, and disputes about hidden assets or dissipation of marital funds.
Our attorneys work closely with financial professionals when needed to ensure that our clients receive their fair share of the marital estate under equitable distribution principles.
How Long Does a Contested Divorce Take?
There is no single answer to this question because the timeline depends on the specific circumstances of each case. A relatively straightforward contested divorce with one or two disputed issues may be resolved in a few months. A complex case involving extensive discovery, multiple expert witnesses, and a lengthy trial can take a year or longer. Your attorney can give you a more specific estimate based on the facts of your case and the typical pace of the court where your case is filed.
Can a Contested Divorce Become Uncontested?
Yes. Many divorces that begin as contested eventually settle before trial. As the case progresses through discovery and mediation, the parties often gain a clearer picture of the likely outcome and become more willing to negotiate. A case that starts with significant disagreement can result in a comprehensive settlement agreement that resolves all issues without a trial. Our attorneys work to find opportunities for resolution throughout the case while remaining fully prepared to try the case if necessary.


Why Choose Klie Law Offices for Your Contested Divorce
Contested divorces require an attorney who is a skilled negotiator, a thorough investigator, and a confident courtroom advocate. At Klie Law Offices, our family law team brings all of these qualities to every case. We prepare each case as though it will go to trial, which puts us in the strongest position to negotiate a favorable settlement or to present a compelling case to the judge if trial becomes necessary.
We also understand the emotional toll that a contested divorce takes on our clients and their families. We provide honest, realistic guidance about what to expect and work to resolve cases as efficiently as possible without sacrificing the quality of the outcome.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
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Parkersburg
300 Star Avenue, Unit 312
Parkersburg, WV 26101
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Clarksburg
339 W Main St
Clarksburg, WV 26301
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Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
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Canton, OH
4150 Belden Village St NW
Suite 606
Canton OH, 44718
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Get the Representation You Need
If you are facing a contested divorce in West Virginia or Ohio, experienced legal representation is essential. Contact Klie Law Offices to speak with a family law attorney about your case, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.

























