An uncontested divorce usually goes smoothly—both parties arrive at the decision and settle amicably, realizing that there’s no reason to prolong the process and endure the stress that court proceedings can bring. On the other hand, a contested divorce can be challenging in many aspects and be physically, financially, and emotionally taxing for both parties.
A contested divorce arises when either one does not wish to get divorced at all or doesn’t agree with one or more of the petitions of the other. For instance, one of them is asking for full custody and a significant amount of spousal support, while the other wants to share custody and insists that the other party can support himself/herself. Another scenario is when each of them claims full rights to a property.
Aside from those examples, here are other issues and challenges that can arise from a contested divorce:
• When the other party does not respond to the divorce petition
• When the other party does not cooperate with the “divorce discovery” process (information gathering)
• When the other party does not show up at pre-trial hearings, settlements, and other legal proceedings
• When the other party appeals the court’s decisions
Ultimately, the courts will decide based on what it deems fair for both parties, so if you are involved in a contested divorce, you should have a reliable divorce attorney by your side who can fight for your rights and represent them competently to win the court in your favor.
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