The term ‘uncontested divorce’ often makes people cringe. After all, who wants to go through a marriage with no arguments? The unfortunate truth is that many couples opt for an uncontested divorce today because it is easier than spending years fighting for alimony and other financial entitlements. But it doesn’t mean that everyone endures these types of marriages with ease. Some people don’t even know that they are raising children from their former spouse until after the divorce has already been finalized. And while some of us may want to believe otherwise, there are plenty of happy couples who go through contested divorces as well. The key lies in understanding the challenges you might face and planning accordingly.

What’s a Contested Divorce?

Simply put, a contested divorce refers to a divorce where both spouses are involved in the proceedings. While there are many cases where couples agree to divorce and then work out the terms of the agreement themselves, in many other cases, spouses are urged by the court to resolve their differences. When spouses can’t agree on the terms of their divorce, a contested divorce is inevitable. Apart from the fact that it is much more costly and time-consuming to get a contested divorce right than an uncontested one, there are also some very specific legal issues at work. When the parties agree to divorce, they aren’t compelled to discuss their assets and debts, the custody of their children, or even their future parenting decisions. When a divorce doesn’t followed such guidelines, it is usually considered contested. Click for more

The Importance of Communication in a Contested Divorce

Contested divorces rarely go smoothly. Besides the fact that both spouses are doing their best to defend their own interests in the divorce, communication is also crucial to keeping the divorce process as amicable as possible. If the spouses aren’t able to talk about their issues with each other, it’s very likely that they will end up with a judgment that is far from what they would have preferred. In a contested divorce you don’t have the luxury of simply avoiding discussions about the division of property and child support. You have to be ready to discuss these issues head-on. And when you do, try to keep this in mind: if you don’t communicate well, you are likely to end up with a divorce that doesn’t work for everyone. See More

Pros and Cons of an Uncontested Divorce

Uncontested divorce is the ideal solution for couples who want to divorce but don’t want the burden of a contested divorce. The fact that there are no disputes between the spouses means that they can simply walk away from the marriage with no mess, money, or emotions involved. But because there are no disputes, there are no opportunities for the spouses to work together to find a solution that works for everyone. In an uncontested divorce, the spouses simply agree to the terms of the divorce that the court decides. Because there is no give and take between the spouses, there is also no opportunity for them to find solutions that work for their individual circumstances and needs. All that is left is a clean break between the former spouses.

How to Protect Your Interests in a Contested Divorce

When you file for divorce, you are actually selecting the contested route of divorce. In most cases, the court will dismiss your case and dismiss you from your spouse’s life. But if you want to ensure that your interests are protected, you need to file an Answer. An answer is a defense that you file in response to the divorce petition brought by your spouse. If the terms of your divorce are not agreeable to you, you can file an answer and try to convince the court that the terms of your divorce are not in your favor. If you don’t get what you want in a divorce, you can file an appeal. Most likely, your divorce will be appealed, and the court will rule in your favor. However, you can save your appeal and withdraw it at a later date if you want to re-file your case later on. And if you decide to go down the uncontested divorce route, you should file an Answer as soon as possible.

Tips for Co-Parenting in a Contested Divorce

- Try to be proactive about the co-parenting process. When you are both on the same page about how you want the co-parenting relationship to be, the process will go much smoother. - Keep in mind that the best way to resolve disputes between you and your spouse is through discussion and compromise. - When it comes to handling the children’s schedules, don’t try to split the difference between letting your child have a say in what they do and letting you decide everything for them. - If you have a very strong preference on how you would like to raise your children, you can always file a request with the court to let you know if you will be expected to follow your spouse’s parenting plans. - If you and your spouse are able to reach an agreement, work together to build support for your decisions. This way, you will be less likely to be swayed by outside pressure and more likely to stick to your decision.

Conclusion

Contested divorces are messy, lengthy, and expensive. However, they do provide a way for spouses to address their differences and end a marriage that may have become harmful to one or both spouses. In many cases, couples simply cannot agree on terms for divorce, and so a contested divorce is the only option. But in many other situations, couples are able to work through their differences and end their marriages with dignity, grace, and mutual respect. Keep in mind that, no matter what type of divorce you end up with, it is important to remember that divorce is never an easy or enjoyable experience. You will likely be stressed, saddened, and confused during the process of divorce. However, you can make it as easy and smooth as possible for yourself by being proactive and protective of your interests throughout the process.