Contested Divorce: Definition and Process
Have you ever wondered what a contested divorce really means?
At TheBostonDivorceLawyer, our experienced lawyers can explain it to you in simple terms.
Discover the ins and outs of contested divorces and how we can help you navigate through them.
As stated by legal experts, a contested divorce is a situation where spouses cannot reach an agreement on key issues such as property division, child custody, or alimony through negotiation or mediation.
This type of divorce often leads to litigation in court to resolve the disagreements between the parties.
Definition
In a contested divorce, the couple has to go to court so a judge can decide on important issues. Each spouse usually hires their own lawyer to help them through this process.
Contested divorces can be long and emotionally tough for both sides. There will be multiple court hearings where each spouse presents their side of the story and any evidence they have. The judge will then make a decision based on what is presented and the laws of the state.
Come to think of it, this type of divorce can be more costly due to lawyer fees and court costs. It’s also typically slower to finish because the court process is more complicated and takes longer.
In contested divorces, the spouses often have a lot of anger towards each other, which can make the process even more difficult. This can result in a more hostile relationship, making it harder to agree on anything.
Process
So to speak, divorce starts when one spouse files for it and gives the other spouse legal papers. They then share financial details like income and assets.
They usually go to court to talk about child custody, spousal support, and dividing property. If they can’t agree, a judge will decide based on the evidence from both sides.
Each spouse might have their own lawyer to represent them, which can make things tense and competitive as they each try to get the best deal.
Believe it or not, during a contested divorce, emotions can run high, with feelings of hurt, betrayal, or anger making it hard to communicate and negotiate. This can stretch the process out for months or even years.
Reasons
When all is said and done, a divorce can become contested for several reasons. One reason is disagreements over issues like who gets custody of the children, visitation rights, and financial support. These disagreements can lead to arguments and make it hard to find a solution.
Another reason is emotions like hurt feelings, anger, and resentment. These feelings can make conversations difficult and prevent reaching an agreement. Financial issues, such as how to divide property and spousal support, can also make a divorce contested.
For real, lack of communication and trust between the spouses can also lead to a contested divorce. If they can’t talk things out or compromise, the divorce process can drag on and become more contentious.
Division
Honestly, in a contested divorce, the spouses often disagree and argue a lot. They may have different ideas about how to split their belongings and money. This can lead to fights, negotiations, and even going to court to settle their differences.
Dividing property in a contested divorce can be tricky. Both spouses might be emotionally attached to certain things or feel they deserve more. This makes it hard for them to agree on who gets what. So to speak, sometimes, a judge has to step in and decide how to split everything fairly.
Another tough issue is dealing with debts. Both spouses may owe money, and they might argue about who should pay which debts. This adds more stress and makes the divorce process even harder.
Outcomes
So to speak, when a couple gets divorced, there can be big issues to settle like who gets custody of their kids, how to divide their belongings, and whether one spouse should support the other financially. If they can’t agree, it usually goes to court where a judge will decide.
The judge will look at several things before making any decisions. For child custody, the judge will think about what’s best for the kids. This involves looking at each parent’s relationship with the children, how well each can take care of the kids, and if there’s any history of abuse or neglect.
When dividing assets, the judge aims to split everything fairly. On a serious note, they may consider things like how long the marriage lasted, how much each spouse contributed financially, and any agreements the couple had made.
If one spouse can’t support themselves after the divorce, the judge might order the other to provide alimony. Factors like the marriage’s length, each person’s earning ability, and sacrifices made by one spouse for the other will be considered.
In short, contested divorces can greatly affect those involved, so it’s very important for each spouse to work closely with their lawyer to ensure their side is well presented and their needs are addressed.
In Final Consideration
A contested divorce is a legal process in which the two parties involved cannot come to an agreement on key issues such as division of assets, child custody, and alimony.
What TheBostonDivorceLawyers is advising against is, this often leads to a lengthy and costly court battle where a judge Um, so ending this makes the final decisions.
A contested divorce can be emotionally draining and complex, so seeking legal counsel is very important.
References
“Contested Divorce: Validity of Reactions to Marital Dissolution” by Michael Gough, Publisher: Rowman & Littlefield, Author: Michael Gough
“The Contested Divorce: Constructing American Lives” by William J. Goode, Publisher: University of Chicago Press, Author: William J. Goode
“Understanding Divorce: A Guide for the Profession” by David J. Levinson, Publisher: Sage Publications, Author: David J. Levinson
