A contested divorce exists when:
- there is no agreement between the spouses,
- one spouse does not consent to the divorce,
- there are serious disputes regarding child custody, alimony, or financial matters.
The process is initiated through court proceedings and, when no agreement is reached, follows the full judicial path until a final court decision is issued.
The Main Reason for Delays
Contestation inevitably involves:
- evidence,
- witness testimony,
- legal arguments and counter-arguments.
Each disputed issue increases procedural complexity and contributes to delays.
Key Stages of the Procedure
- Filing of the Divorce Lawsuit
One of the spouses files a divorce action.
This marks the formal beginning of the process.
- Scheduling of the Hearing
The court sets a hearing date.
- Hearing of the Case
Both parties are heard. Witnesses testify. Evidence is presented.
- Issuance of the Court Decision
The decision is not issued immediately after the hearing.
It usually requires several months.
- Appeal (if filed)
If an appeal is lodged, the case proceeds to the second instance, significantly extending the overall duration.
Factors That May Further Prolong the Process
- disputes over child custody,
- alimony and financial claims,
- parallel financial or property disputes running alongside the divorce,
- an appeal against the first-instance judgment.
Are There Temporary Solutions Until Finalization?
Yes—and they are often crucial.
The court may grant:
- temporary child custody,
- temporary alimony,
- interim measures (injunctions).
These arrangements regulate essential matters until the final ruling.
Can a Contested Divorce Turn into a Mutual One?
Yes—and this happens frequently.
Many contested divorces:
- begin with intense conflict,
- but eventually lead to an out-of-court or in-court settlement.
If an agreement is reached, the procedure can be significantly shortened.
What You Should Know Before Initiating Proceedings
- It is not a fast process.
- It requires patience.
- It requires proper legal guidance.
- Every case is different.
In many situations, however, a contested divorce is the only legal avenue available—especially when there is no room for compromise or when personal safety, dignity, or the best interests of the children are at stake.
A well-planned legal strategy from the outset can save time and reduce emotional and financial strain.
Factors Affecting the Duration of a Contested Divorce
The duration of a contested divorce is not fixed. It depends on multiple factors that determine how long it will take until a final judgment is issued.
Scope and Complexity of the Disputes
The more numerous and complex the disputes, the longer the proceedings last. Financial issues, property-related matters, or personal allegations require more evidence and judicial examination.
Existence of Minor Children
Cases involving children significantly extend the process. Courts must decide on custody, alimony, and visitation rights, always prioritizing the best interests of the child, which often requires thorough evaluation.
Court Workload
The scheduling and duration of proceedings are directly affected by the court’s caseload, which may lead to hearings being set at later dates.
Cost of a Contested Divorce in Greece
The financial cost of a contested divorce varies depending on the case.
Factors Affecting the Cost
- Value and complexity of property assets
- Existence of children
- Overall complexity of the case
The more complex the case, the higher the legal fees and total expenses.
Additional Costs That May Arise
Beyond attorney fees, additional expenses may include:
Court Fees
Costs related to filing the lawsuit, hearings, and issuance of the decision.
Property Valuation Costs
When disputes arise over property value, expert valuation may be required.
Expert Assessments
In intense custody disputes, the court may order expert or psychological evaluations.
Conclusion
A contested divorce is a demanding process. The presence of children, the complexity of disputes, and court workload largely determine its duration. Accurate information and timely legal guidance help minimize delays and unexpected expenses.
FAQ – Frequently Asked Questions
Who can file for a contested divorce?
Any spouse, without the consent of the other.
Is there a minimum duration of marriage required?
There is no minimum marriage duration as a prerequisite. However, a legal ground for divorce must exist and is assessed by the court.
How much does it cost?
It depends on duration and procedural actions. It is clearly more expensive than a mutual consent divorce.
Can it be finalized within one year?
Rarely. Only in simple cases, without delays or appeals.
Does the existence of children affect the duration?
Yes. It usually extends the process due to custody and alimony issues.
What if the other spouse does not appear in court?
Provided that legal service of process has been completed, the case may proceed in default.
Final Remarks
A contested divorce is not a quick solution. It is a process involving time, emotional intensity, and financial cost. Nevertheless, there are cases where contestation is not a choice but a necessity. In such situations, early and proper legal guidance is essential for protecting rights and limiting overall burden.
Each case has its own particularities and requires careful legal assessment based on the specific facts and the applicable legal framework.
Karpouzis-Lianou & Associates Law Firm undertakes the evaluation and handling of contested divorce cases with responsibility and legal precision. Contact us to review the details of your case.
This article is for informational purposes only and does not constitute legal advice. Each case requires individualized assessment based on its specific circumstances and applicable law.
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