Some couples may mutually agree to end their marriage. But, sometimes, even a single issue can result in a conflict between both parties, forcing couples to go through a contested divorce. If you have decided to call it quits with your spouse you must decide what type of divorce you want to go through. A contested divorce happens when one of you contests an issue that must be resolved during the divorce process. You and your spouse may not be able to agree on who gets the house, how to split your finances, or who gets custody of your children. Because of the complexities involved in a contested divorce, you would want to hire one of the top-rated divorce attorneys out there. You may want to contest your divorce when it involves the following:
During a divorce, spouses may hide assets of which value cannot be considered by the court when deciding how to split property between spouses. Also, these assets may affect the determination of spousal support and child support. A contested divorce is litigated, giving every spouse access to discovery tools they can use for identifying hidden assets.
If you and your spouse don’t agree on a co-parenting arrangement, you need a contested divorce to get a court ruling on child custody and visitation. A judge will always consider the best interest of the couple’s children. They will take into account factors such as the children’s emotional and physical needs, the ability of every parent to provide for them, their wishes, and a parent’s previous act or omission that could strain their relationship with their children.
Disagreement on Spousal Maintenance
In a contested divorce, the spouse seeking financial support needs to prove that they gave up opportunities during the marriage. A request for spousal support can be approved by a court when there is a valid reason. A good example is when a spouse had to stay at home to care for a disabled child.
A contested divorce is common among those who live with an abusive spouse. Although filing a divorce can help end the abused spouse’s suffering, it can be hard because the abusive spouse will usually not make it easy for the abused to let go. This is the reason having a skilled divorce lawyer is necessary. A lawyer will make sure all items are accounted for without the abusive spouse’s interference.