Common Issues in Contested Divorces

Divorce is never an easy process, but when it comes to contested divorces, the complexities and emotional toll can be significantly higher. Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce involves disagreements on one or more issues. These disputes can make the divorce process longer, more expensive, and more stressful. Understanding the common issues that arise in contested divorces can help you prepare for what lies ahead and make informed decisions.

Child Custody and Visitation

One of the most contentious issues in a contested divorce is child custody. Both parents typically want to play a significant role in their children’s lives, leading to disputes over who gets primary custody and how visitation rights are allocated. Courts usually prioritize the best interests of the child, considering factors such as the child’s relationship with each parent, the parents’ ability to provide for the child’s needs, and the child’s own wishes, depending on their age and maturity.

Child Support

Alongside custody, child support is another largely debated issue. The non-custodial parent is usually required to pay child support to help cover the child’s living expenses. Disagreements can arise over the amount of support needed, with one parent feeling the requested amount is too high and the other feeling it is too low. Child support calculations vary  by state laws and often consider both parents’ incomes, the number of children, and the custody arrangement.

Division of Assets and Debts

The division of marital assets and debts can be a major sticking point in contested divorces. Couples often struggle to agree on how to split property, bank accounts, investments, and debts. Factors like the length of the marriage, each spouse’s financial contributions, and future earning potential can influence the court’s decision. Some assets, such as family homes or retirement accounts, may require special consideration or legal intervention to divide fairly.

Alimony (Spousal Support)

Alimony, or spousal support, is another common issue in contested divorces. One spouse may seek financial support from the other to maintain their standard of living post-divorce. The amount and duration of alimony can lead to disputes, especially if one spouse believes they are entitled to more support than the other is willing to provide. Courts typically look at factors such as the length of the marriage, the financial needs and resources of each spouse, and the standard of living established during the marriage.

Fault vs. No-Fault Grounds

In some states, divorces can be filed on fault or no-fault grounds. Fault-based grounds, such as adultery, abandonment, or abuse, can lead to more contentious proceedings as the accusing spouse must prove the other party’s wrongdoing. No-fault divorces, on the other hand, do not require proof of misconduct, often based on irreconcilable differences or the irretrievable breakdown of the marriage. However, the underlying issues that led to the divorce can still fuel disputes.

Emotional and Psychological Stress

The emotional and psychological stress of a contested divorce can be overwhelming. The adversarial nature of the proceedings can exacerbate feelings of anger, resentment, and betrayal. This stress can affect decision-making, potentially leading to prolonged litigation and increased conflict. It’s essential for individuals going through a contested divorce to seek emotional support from friends, family, or professional counselors.

Legal Costs

Contested divorces are generally more expensive than uncontested ones due to the extended legal process and the need for more attorney involvement. Court fees, legal representation, and other associated costs can add up quickly, putting a financial strain on both parties. It’s important to be prepared for these expenses and consider them when negotiating settlements.

Tips for Navigating a Contested Divorce

• Hire an Experienced Attorney: An experienced divorce attorney can guide you through the legal complexities and advocate for your best interests.
• Focus on the Big Picture: While it’s natural to want to “win” every dispute, focusing on the long-term outcomes for yourself and your children is more beneficial.
• Seek Mediation: Mediation can be a less adversarial way to resolve disputes. A neutral third party can help facilitate negotiations and reach mutually agreeable solutions.
• Take Care of Yourself: The stress of a contested divorce can take a toll on your mental and physical health. Make self-care a priority during this challenging time.

Contested divorces are undoubtedly challenging, involving a myriad of complex issues ranging from child custody to asset division. By understanding the common issues and seeking the right support, you can navigate the process more effectively and work towards a resolution that allows you to move forward with your life. Remember, while the journey may be tough, there is hope for a brighter future beyond the divorce.