Divorce is a challenging experience, both emotionally and legally. When a couple decides to part ways, there are two main types of divorce proceedings: contested and uncontested. In the case of contested divorces, the risk of conflicts is on the higher side and it might be a necessity to hire a divorce lawyer from The Harris Firm.
In this blog, we delve into the complexities that arise specifically in contested divorces.
What is a Contested Divorce?
In a contested divorce, the spouses are unable to reach an agreement on one or more key issues such as division of assets, child custody, alimony, or any other relevant matters. As a result, they require court intervention to settle these disputes, making the process significantly more complex and often contentious.
Factors Contributing to the Complexity of Contested Divorces
Here are some of the common factors that usually make contested divorces prolonged and complex in nature.
- Legal Representation:
In contested divorces, each spouse typically hires their own attorney to represent their interests in court. This legal representation adds layers of complexity as lawyers navigate through legal procedures, negotiations, and court appearances on behalf of their clients.
- Financial Disclosure:
Full financial disclosure is crucial in contested divorces to ensure a fair division of assets and determination of alimony or child support. However, uncovering and verifying financial information can be time-consuming and contentious, especially when one party is not forthcoming with their financial details.
- Emotional Strain:
The adversarial nature of contested divorces often escalates emotional strain for both parties. Divorce coaching can be a valuable resource in such situations, providing guidance and emotional support to help individuals navigate the challenges of divorce more effectively. In fact, disputes over sensitive issues like child custody can lead to prolonged legal battles, further intensifying the emotional toll on the individuals involved.
- Lengthy Legal Process:
Contested divorces tend to take longer to resolve compared to uncontested ones. Remember, court schedules, backlogs, and the need for extensive legal proceedings contribute to the lengthier timeline, prolonging the stress and uncertainty for the divorcing couple.
- Complex Child Custody Issues:
Child custody disputes are common in contested divorces, especially when parents have differing views on parenting arrangements. Determining the best interests of the child amidst parental disagreements adds layers of complexity to the legal proceedings.
Child custody disputes are common in contested divorces, especially when parents have differing views on parenting arrangements. Determining the best interests of the child amidst parental disagreements adds layers of complexity to the legal proceedings. Learn more about working with a child support lawyer to navigate these challenging situations effectively and ensure the best outcome for your child.
- Division of Assets:
Equitable distribution of assets becomes a contentious issue in contested divorces, particularly when significant assets are involved. So, valuing and dividing assets fairly requires expert evaluation and negotiation, which can prolong the divorce process.
