Divorcing is never easy, but disagreements over the division of property, custody arrangements, and spousal abuse may force you into a complicated contested divorce. Want to know more about what that means and why you or your spouse may choose that route? Keep reading.
Kasey Scharnett-King, LMFT at Lavender Healing Center, PLLC.
Contested Divorces Occur Due to Disagreements
A divorce that is contested is [one] where the couple does not agree on all terms. These terms could be centered around who keeps what property, how assets are divided, child custody, etc. The disagreement may even be [that] one party doesn’t want to divorce at all. Because matters cannot be amicably agreed on, a mediator and/or lawyer may be needed. The couple could end up in court where a judge decides. This process could prolong the marriage much longer than planned.
An uncontested divorce is a lot easier and less stressful. When a divorce is not contested, both parties agree on all the necessary topics needed to dissolve the marriage. In addition, divorce is uncontested when one partner does not respond to the divorce filing.
There are a few reasons why a spouse may contest the divorce:
One partner truly does not want to divorce, which can make it hard for the marriage to be dissolved. This partner may try to prolong the process as much as possible to find ways to keep the marriage. 80% of divorces are filed by women. So oftentimes, it is the male who does not want the marriage to dissolve.
Children are another reason why divorce may be contested. If the couple does not agree on child support, custody, insurance, etc., this could be the decision of the courts.
Lastly, finances can also be the cause of a contested divorce. The couple may not agree upon the division of assets, selling their home alimony, and even pension.
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