What is contested divorce?

A divorce is considered “contested” when the spouses involved are unable to reach an agreement on any issue related to their divorce. In a situation like this, it is likely the spouses will need to go to court and have a judge decide on the contested issues. 

Contested divorces can be both emotionally and financially draining, and they typically require the assistance of attorneys and sometimes even lengthy court proceedings.

 

What are the common issues that lead to a contested divorce?

Contested divorces arise due to a variety of issues that the parties involved are unable to come to agreeable terms on. One such issue is custody of the child(ren). Parents can sometimes have differing ideologies about what is best for their kids, which can lead to disagreements about who spends what amount of time with the kids.

Division of property and assets is another common issue. Couples who have been married often share assets and debts. Determining how to divide these can be complex and lead to contentious emotions. 

Further, spousal support is another area where issues can arise. One party could feel entitled to financial support after divorce while the other may dispute the need for it. 

Finally, determining and agreeing upon child support payments can be a point of contention. When determining things like the appropriate amount of support, it is helpful to have the aid of an experienced family lawyer.

What if my spouse is uncooperative during the contested divorce process?

If this is the case, having a family law attorney is even more vital. Seasoned family lawyers will help you navigate the uncooperative behavior of your spouse, which can manifest in refusals to provide documents or attend court proceedings. They also assist in gathering evidence, negotiating with your spouse’s attorney, and ensuring you present a strong case in court.