Why Should You Consider a Contested Divorce?

When a couple is unable to reach an agreement on at least one major issue that arises during their divorce, the divorce is said to be contested. Most contested divorce cases include disagreements on a variety of issues; nonetheless, a single disagreement is sufficient to warrant judicial intervention.  

A contested divorce happens when a couple files for divorce without first reaching a mutually agreed-upon marital settlement agreement. Each couple will be assigned a lawyer to help them plead their case in court. This attorney will attempt to communicate their side of the argument.  

Before delivering a ruling, the court will review the facts and demands provided by both sides. Couples are required to comply with the court’s ruling throughout their divorce proceedings.  

So, when is it proper to present your divorce case before a judge? Here are some of the most prevalent reasons why people push for a contested divorce.

Other Spouses May Be Unreasonable  

You need at least two people to negotiate effectively, no matter how much you want to do it alone. Your efforts to ensure a positive resolution to your case will only go so far. Successful negotiation requires a cooperative counterpart.  

There will also be other people looking to cut a deal. You can also be the lone one having honest conversations. If your partner is attempting to negotiate or wear you down, they are probably simply trying to buy time. While one of you is finding and implementing compromises, the other may refuse to budge. 

There Are Faulty Grounds for Divorce  

In a fault-based divorce, one partner may try to get more of the marital assets. A typical reason for getting a divorce is infidelity. In a fault-based divorce, the burden of evidence is on the spouse seeking to dissolve the marriage. The other spouse has the right to respond to the accusations made against them, and a factfinder will decide who was more at fault in the divorce. Because taking financial responsibility for the divorce can hurt their financial situation, spouses often never do it. 

It’s for Your Children’ Interest  

Divorced parents are more likely to have disagreements over child custody, child support, visitation, and other co-parenting arrangements if they challenge the divorce decree. After taking into account several criteria, including the children’s emotional and physical requirements, the capacity of each parent to care for their children, the connection between each parent and their children, and the children’s preferences, the family court judge will determine what is best for the children involved. 

 Mediation Isn’t Working  

The process of resolving a divorce via mediation includes the parties meeting with an unbiased mediator who has undergone training. Sessions are usually conducted in the mediator’s office; however, they may also take place online or in another neutral venue.  

The parties to a divorce may seek the aid of mediators to address their disagreements before petitioning the court for an uncontested divorce. Mediation may allow you to have a greater influence over the outcome of your divorce, resulting in significant financial savings and a faster settlement.  

This does not imply that mediation is always effective. When you engage in mediation, you will be negotiating on your behalf rather than having someone else do it. This is a conflict between you and your spouse, with the mediator acting as an unbiased third party. It is illegal for professional mediators to provide you with legal advice, even though they are conversant with divorce law and may direct you to the right location for information on legislation.  

You Believe Your Spouse Is Concealing Assets  

When a couple is divorcing, there is only one reason why they would hide property, and it likely has nothing to do with money. While a person conceals assets from the court, the judge will not consider the value of these things while deciding how to allocate community property fairly. It is also possible that these assets will influence the determination of child support and spousal maintenance. In the event of a contested divorce, you have the option to pursue discovery. These materials help you identify assets and submit them to the court in the proper way.   

There Are Some Issues with Spousal Maintenance  

After a divorce, many people need spousal support; nevertheless, since spousal maintenance requires one party to give financial assistance to the other, many spouses oppose this provision. If the divorce is contested, the court will determine whether or not spousal support is necessary, as well as the quantity and duration of payment.