Contested Divorce Lawyer
What is Contested Divorce?
Contested divorce is when two parties in a marriage cannot come to an agreement and must have the court decide on aspects of the divorce. This may include division of assets, support payments, and custody arrangement. This type of divorce can be extremely challenging, both emotionally and financially.
It is important for couples who are considering a contested divorce to understand that it is not just about splitting up assets, but also involves costly legal fees and potential damage caused by airing private information in public.
It takes longer than other types of divorces because each party will need to prepare its case for court, which may take anywhere from months to years, depending on the complexity of the case.
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Furthermore, these divorces often involve aggressive tactics such as using depositions or subpoenas to uncover information from both parties or taking out restraining orders.
The negatives associated with contested divorce are numerous. The process can be very expensive and lengthy, as mentioned before. It can also be incredibly stressful for all involved, increasing tension and hostility between the two parties.
Additionally, children may suffer due to the animosity caused by the proceedings and any decisions such as custody arrangements. Lastly, because of its public nature, private details may become exposed, potentially harming an individual’s reputation permanently.
Overall, we see contested divorce as a last resort for couples who cannot reach an agreement on their own.
Reasons We See Clients in a Contested Divorce
Despite the fact that less than 5% of divorce cases go to trial, sometimes a contested divorce is unavoidable. Below are reasons that our clients need to approach their divorce case in a contested manner:
It Takes Two
No matter how much you may want an amicable case, it takes both people involved in a divorce case to choose an amicable option. If your spouse decides that they want to move forward through the traditional court process, then you will need to proceed with a contested divorce as well.
Dishonesty or Power Imbalance
Sometimes despite our goal of approaching divorce cases with an open mind there is a history of deception or a power imbalance in the relationship. If you don’t feel that you can trust your spouse to provide the information needed to discuss a settlement or you don’t feel that you can discuss the issues with them because of the dynamics of your relationship, a contested divorce may be a better fit for you.
Domestic Violence
Unfortunately some families have to live with domestic violence and if that is present in the relationship a contested divorce is likely best for those involved.
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Contested Divorce Lawyer FAQs
Common questions about contested divorce
Contested divorces are lengthy and expensive due to legal fees. They can also be emotionally damaging as they often involve sharing private information in public, aggressive strategies such as scheduling temporary orders, issuing formal discovery and requesting protective or restraining orders. Lastly, children may suffer due to increased tension between the two parties.
A contested divorce lawyer is responsible for representing one of the parties in a contested divorce case. They will help prepare and present their client’s case in court as well as advise them on any legal matters that may arise.
Yes, couples should consider other types of divorce such as mediation or collaborative divorce if they believe those methods could help them resolve their issues.