How to Decide if a Contested Divorce is Right for You
What is a Contested Divorce?
A contested divorce is a situation where divorcing couples cannot agree on one or more aspects of their separation. If you are considering filing for a contested divorce, it is important to understand the process and what to expect. You should also consult an experienced divorce attorney to discuss your situation.
Contested divorces can be complicated and emotionally charged. Each spouse may have strong feelings about the breakup and may not want to give up rights or share the blame. This can lead to long and drawn-out court proceedings. If you are considering a contested divorce, it is essential to understand your legal rights and what to expect.
The Benefits of a Contested Divorce
Contested divorces can have several positive and negative consequences. The benefits of a contested divorce are primarily controlled by the outcome, flexibility in settlement negotiations, and cost savings relative to other types of divorces. In addition, a contested divorce can often result in a cleaner break-up and a better agreement on child custody, financial settlements, and other marital issues. However, contested divorces also have their share of risks. For example, if you and your spouse can't resolve any of the issues in dispute, an attorney may be necessary to help you go through the process successfully. Moreover, if you are not prepared for a contested divorce, it can lead to stress and tension in your relationship, which may damage your relationship further down the road.
The Drawbacks of a Contested Divorce
- A contested divorce can be costly in terms of money. Both you and your spouse may need to hire attorneys and participate in court proceedings. This can add up quickly, especially if a large number of assets are involved in the divorce.
- A contested divorce can take a long time to resolve. Depending on the case's complexity, it could take months or even years to reach a final resolution. This is particularly true if one party refuses to cooperate or if there are disagreements about key issues such as child custody, child support, spousal maintenance, or property settlement.
- You and your spouse will have to work together during the divorce process. This means that you'll have to communicate with each other openly and honestly, which may be challenging given the emotions that are likely running high at this period. However, it's also important not to resort to tactics such as name-calling or emotional blackmailing to gain an advantage over your spouse.
- A contested divorce can be emotionally difficult for both parties involved. Although each situation is different, typically, one party will feel like they're losing control while the other party will feel stressed and overwhelmed by all the drama unfolding around them.
Factors to Consider When Deciding Whether to Contest Your Divorce
There are some factors to consider before finalizing a contested divorce. The alternative is called an uncontested divorce. It is often the best option for couples who can communicate peacefully and resolve issues. However, it is essential to weigh all the pros and cons before deciding.
If you and your spouse cannot agree on the terms of your divorce, it may be necessary to file for a contested divorce. There are several factors to consider when making this decision, including how much you disagree with your spouse, any critical issues that need to be resolved, and your financial situation.
Contested divorces can be very complex, time-consuming, and expensive. If you are not prepared for a lengthy legal battle, various options are available to help resolve the dispute without going through an entire court process. One option is to try mediation or legal separation agreements with your spouse. Another is to hire an attorney to help guide you through the process and represent you in court if necessary.
Speak with an attorney about these options if contesting your divorce may be best for you and your family.
Children in contested divorces often have a harder time adjusting to the change in their family. This can lead to academic problems, social isolation, and stress within the family. For children to have the best chance of success after a divorce, both parents should cooperate and support each other. Additionally, contested divorces are more expensive, both emotionally and financially.
In Summary
A contested divorce can be a long, difficult, and emotionally draining process. However, it may be the best option for you if you and your spouse cannot agree on the terms of your divorce. Speak with an experienced family law attorney to understand your legal rights and what to expect before making a decision.
Aileen is an experienced Texas Divorce Attorney. She is a Houston-based divorce attorney who has been helping couples through the process. After seeing too many couples fighting and not knowing where to turn, she decided to create this Texas divorce blog site.