A contested divorce is a very complicated process. Divorce nowadays is very rampant and needless to say, is a very critical process to undergo. Trying to cut the ties bonded by marriage is not an easy thing however some had taken a stand of doing it and for whatever reason it may be, it is their right to do it. Divorce could either be contested or uncontested. Each and every states and country apply their own rule in divorce. Though most procedures are similar, certain rules apply on a state to state basis. A contested divorce is more common though some courts try to encourage couples to go on uncontested divorce because it is less hassle, more cost-efficient and less complicated. By the way, an uncontested divorce is the type of divorce wherein both parties agreed with the divorce and both is willing to sign the petition at the same time both parties agreed with the arrangement regarding the property division, custody and the like. A contested divorce, however, is the complete opposite of the uncontested divorce.
Things to Know About Contested Divorce
Ø Contested divorce means that either of the party disagreed with divorce or may have agreed but does not agree with the terms and arrangement regarding the process. Some petitioner’s starts with filing for an uncontested divorce, however, they ended up having a contested divorce at the latter part of the court hearing. Sensitive cases such as child custody, child support, property division, alimony are among the most common causes why the divorce falls on contested category.
Ø Contested divorce usually takes a longer time to sort out and is more complicated. Since the main reasons for a contested divorce are mostly sensitive, both parties have to work things out proving them to be entitled of their claims. Let us say child custody for example. If both parties are fighting for the custody then the couple needs to undergo a lot of processes to prove which of the party is more capable of taking care of the child. Some state does provide child custody for the mother if the child is below 7 years old but that would depend on the state. However, the father can actually object and can possibly question the mother’s mental state and financial capacity to take care of a child which is way more complicated. Usually, it ends up providing the mother the custody and just providing visiting rights for the other party. Again, that would depend on how the case will be presented in the court.
Ø Contested divorce can cause you a fortune. The court does not actually require a petitioner to have a lawyer but it is highly suggested to present a contested divorce case in the court with a lawyer. Unlike contested divorce, a uncontested divorce can be easily done without a lawyer because both parties are actually working together for the dissolution of their marriage. A contested divorce, on the other hand, requires a professional knowledge and expertise to win the case. The issues regarding contested divorce are very sensitive and both parties will literally find the opponents weaknesses to win. Most of the time, it causes emotional breakdown and just having the petitioner presenting itself in the court and having an emotional breakdown would just give the opponent an opportunity to win the case. Legal fees from lawyers are quite expensive and you need to sustain it up until your case will finish and who knows when you will be able to get the verdict of the divorce. This is the reason why most lawyers would encourage their clients to settle things out through arrangement to avoid getting things complicated.
Ø Contested divorce can be changed to an uncontested divorce. In some case, the court can change the contested divorce case to an uncontested one. Due to the countless number of procedures, appeals and all some couple decides to settle things out with an arrangement. Divorce sometimes could take time and could cause both parties tons of money to spend for it and needless to say, could greatly affect their day to day lives especially if there are child involves in the story. To wrap things up, certain measures will be done by the court to help the couple decide and make things less complicated.