What Is a Contested Divorce? Why Should You File One?
Divorce is always nasty, especially when there is a kid involved. If that’s the case for you, you're in for an emotional roller coaster. While you are already in the pangs of a divorce, legal complexities can add to your misery. One typical legal dilemma that spouses often encounter is deciding whether to file for a contested or uncontested divorce. Both are distinct concepts, and therefore you must understand both.
What Is a Contested Divorce?
A contested divorce is when spouses disagree on one or more issues. Issues can be anything ranging from child custody to alimony payments. A divorce is also contested when one spouse wants a divorce and the other does not.
What's the Difference Between Contested Divorce and Uncontested Divorce?
A contested divorce is when both spouses agree on all terms. Moreover, both spouses want to separate. Contested divorces are more difficult to resolve since the spouses fight on issues and ultimately go to family court. On the other hand, Uncontested divorce is a mutual arrangement and hence processed more quickly.
Though contested divorce appears to be a horrible thing, it is not. It helps in the protection of the other party's finances and rights. It's no surprise that contested divorces are more common than uncontested divorces. It provides relief to spouses exposed to abuse, arrogance, or disloyalty from their partner. Let's look at the factors for choosing a contested divorce.
What Are the Grounds for Choosing a Contested Divorce?
There are five primary reasons when a contested divorce is preferable. Look at the reasons and decide which type of divorce to file. You will, however, require the assistance of legal counsel. A professional will assist you with the procedure, making it smoother and simpler for you.
If you live in Nevada, a law firm like the Douglas Crawford law firm will help you overcome every challenge thrown your way by your ex, from the most trivial spitefulness to a simple demand. Contact them to free yourself of all the paperwork and the possibility of failing.
If you reside somewhere else, a quick Google search will help. Before hiring one, don't forget to check the reviews. A bit of self-study about the law firm would be beneficial. So let's see why you may have to file a contested divorce.
When a Child Is Involved
If you have a kid and disagree on co-parenting, a contested divorce is necessary for the judge to decide on custody or visitation rights. A judge will weigh several factors to ensure the best interests of your child or children. A judge will consider your child's physical and emotional needs. Besides, they will confirm which parent is more competent in providing for the children. Additionally, they may investigate previous activities that reveal unhealthy parent-child relationships. Finally, the judge will take into account the child's wishes.
When a Spouse Conceals Asset
The person you took as your significant other is probably withholding things from you. Your spouse is most likely hiding assets from the court. Such concealment of assets would make it difficult for the judge to evaluate the overall worth and split the property between you and your spouse.
In an uncontested divorce, you unintentionally give up your rights. But in a contested divorce, you will have all of the research tools at your disposal to uncover all assets, even hidden ones. But why do you need to preserve your finances? If you are a stay-at-home spouse, you would need it for assistance and, most crucially, for child support.
When You Are Entitled to Receive Spousal Maintenance
Despite the compromises and sacrifices that your marriage took, your partner may refuse spousal support. In such a circumstance, the court will decide if you are entitled to financial assistance from your ex. A judge will consider whether the person requesting alimony missed any crucial opportunities during the marriage. In any of the following circumstances, the court will provide spousal maintenance.
- You sacrificed education to support your spouse’s professional excellence or educate your child.
- You gave up your work to raise your child.
- You are the disabled child's caregiver.
- You have a disability that prevents you from supporting yourself.
Aside from these three significant grounds, there are a few more reasons to request a contested divorce. For example, you may have an abusive spouse who wants to meddle with the legal procedures for selfish purposes. It's also likely that your partner is making unreasonable expectations or is reluctant to compromise. A contested divorce discourages one-sided judgment and ensures a fair outcome in such instances.
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