Agreeing To Disagree: What To Know About Contested Divorces
It only makes sense that couples unable to get along enough to stay together might end up also unable to go through a simple divorce. When the parties take unwavering stands about important divorce issues like child custody, property, debt, and more, it's a contested divorce. To find out more, read below.
Contested Divorces: Not Always a Bad Thing
It takes only one of several issues to stop a divorce in its tracks. Divorcing parties, though, never need to agree just to go along with things. It's very difficult to take things back to court after the divorce is final. In fact, there are some easily justified reasons for contesting a divorce.
Contested Child Custody – Some parents have very good reasons for asking for full physical and/or legal custody of a child. Abuse, substance abuse, criminal activity, and other factors can make the case for a courtroom confrontation. To resolve contested custody issues, judges may order a child study or evaluation to be performed. Keep in mind that the judge (and anybody else connected to the case) has a duty to protect the child and do what is right for them—and not necessarily the parents.
Spousal Support Issues – Support (maintenance, alimony) is not as automatic as it was in the past but it can still be ordered when need is demonstrated. Spouses who are more likely to be awarded support include those who are ill, incapacitated, or older. Rehabilitative support can also be ordered when the requesting spouse needs time to obtain job skills to become independent. Spouses that stayed home and forfeited career or educational options may also qualify for spousal support.
Spousal Dishonesty – A divorce is a financial matter as much as anything else and full disclosure of all financial dealings is necessary. The state of a party's finances is considered when dividing property and debts, when calculating child support, and when spousal support issues arise. Either party can ask the judge to order or subpoena personal financial records so that the divorce is fair to both parties.
An Uncooperative Spouse – Some spouses don't agree to anything about the divorce including the divorce itself. Fortunately, every state allows a party to divorce whether the other party agrees to it or not. However, when a spouse is uncooperative about certain issues, things can drag on for a very long time. When a spouse seems determined to make things difficult, a judge's intervention may be the only route to take.
To find out more about contested divorces, speak to your divorce lawyer.