When couples choose to divorce, they either have a contested divorce or an uncontested divorce.
A contested divorce takes time to settle, uncontested is a lot easy to settle. The question is, is it worth contesting a divorce?
The answer to that question is yes. Read on to see why I said so.
Let’s dive in.
What is a contested divorce?
This is simply the opposite of uncontested divorce
. In this type of divorce, couples find it pretty hard to come to terms with how to dissolve their marriage without going to court.
A court can also see any divorce as a contested one, especially when one partner wants a divorce and the other doesn’t.
The court may also call your divorce a “joint divorce petition” or a summary petition, depending on where you reside.
Is it worth contesting a divorce?
Before we answer this question, we must understand the difference between a contested and uncontested divorce
Difference Between Contested And Uncontested Divorce.
A contested divorce is a type of divorce where one of the partners or both refused to agree on any issue that would have been dealt with during the divorce.
An uncontested divorce means that both parties are on the same page, and have agreed to settle their divorce amicably.
Certainly, it is possible to have an uncontested divorce, however, almost all couples going through divorce are never in the mood to talk to each other.
The truth is that almost all divorces are contested and it is not that bad to have a contested divorce: the only problem is that it takes time to settle when it’s a contested divorce.
However, to answer the question “Is it worth contesting a divorce” is that contesting your marriage may be the best for you if you have an abusive, unfaithful, giving spouse.
Here’s Why You Should Contest A Divorce.
There are so many reasons you can contest your divorce. During a divorce, many things can come up to make you disagree with each other.
But, there are unique reasons you should contest your divorce without apologies instead of taking the easier uncontested route which I will show you in a minute.
Below are a few of them.
Why Is it worth contesting a divorce? Reason One: When You Think Your Spouse Is Not Straightforward:-
When you find out that your partner is not being straightforward or even concealing some assets is one of the things that answer your question “Is it worth contesting a divorce.”
It is not just good when one of the partners starts hiding properties or anything that you owe together during divorce.
The reason is that if your partner hides some assets from the court during divorce, the value of the assets and others won’t be added to the account during assets sharing.
So when such a thing happens, then it is good for you to contest the divorce.
Why Is it worth contesting a divorce? Reason Two: There Was Abuse In The Marriage:-
Another reason why contesting divorce is good is when you are a victim of a relationship abusive.
Unfortunately, when any of the partners was abused physically, mentally, and otherwise, he/she will be waiting to retaliate during a divorce.
Although sometimes things may turn out good when you are divorcing your abusive partner; it can always be a difficult task, because such a spouse will like to interfere during the divorce proceedings.
For that reason, you will need the services of an experienced divorce lawyer to help you have insight into how to deal with such a situation.
The attorney will be there to make sure that everything is accounted for during the divorce and that no interference came from your partner.
Why Is it worth contesting a divorce? Reason Three: For The Interest Of The Children:-
You will want to contest your divorce when you have your children’s interests at heart and there is no good co-parenting arrangement.
The reason is that the judge will want your plans to serve the children’s best interests.
This involves the consideration of things like the physical and emotional needs of the children, and your individual ability to provide for the children.
The lawyer will make sure that all these are provided before the divorce is granted.
Why Is it worth contesting a divorce? Reason Four: Unrealistic Expectations Of One Spouse.
In some divorce cases, one of the spouses may assume he/she is entitled to ” unreasonable terms.” This is why a contested divorce is necessary.
One of the things that make divorce very cumbersome and contested is a partner’s unwillingness to compromise.
Contesting a divorce will help to eliminate a one-sided, unfair, and incredible divorce settlement.
Why Is it worth contesting a divorce? Reason Five: When You Deserve The Best Spousal Support.
Many people need spousal support after divorce, however, most soon to be Ex sometimes will likely not want to accept it. This will bring some arguments too.
One of the things that will make you win an argument about spousal support is to prove to the court entitled to it.
The judge may likely approve your request for spousal maintenance when you prove to the court that you gave up your job to care for the children, suffer an impairment, and can not support yourself or you didn’t work so you can take care of a disabled child.
Contested Divorce Process:-
Let’s look at the whole process of contesting a divorce. The first thing to do when you want to contest your divorce is to file a petition with your correct details.
After filing for divorce, you will need to wait for a little while before the copy of the petition will be served to your significant other.
Your spouse is expected to respond to that petition within 30 days, he or she must respond before you proceed with your process of “default divorce.”
He/she will respond or probably replies with another separate allegation. When there is an allegation, you will need to reply and send it back to the court.
As you go through a contested divorce, you will come across many terms like “Discovery” which describes the various legal procedures and give the parties power to request any information from each other.
The court will then stipulate the best time for both of you to start and end your discovery request. Always be aware that not all cases require discovery.
Note also that discovery is both a time-consuming and expensive part of any divorce.
A contested divorce can take some time, but any of you can file a motion demanding the court to act faster.
If both of you can’t agree on ways to resolve your issues, there will then be a divorce trial. Each person will ask the lawyer to present a witness, get evidence, or share the case with the judge.
When it is a custody dispute, the presence of an expert may be required by the judge to explain why and who should keep the baby.
After that, the final judgment (known as a divorce decree) will be created for the divorce and both of you are expected to abide by it.
How Long Does Contested Divorce Take?
There are so many things that determine how long a contested divorce will take, including, the state you reside, and how long it takes the judge to finish the paperwork.
An uncontested divorce doesn’t take much time, because the majority of the issues are already been resolved before the trial.
The contested time duration depends on which state you are in; from paperwork processing to mandatory separation, and waiting period, it all depends on the state you live in.
In some states, divorce takes more than one year, but some take much longer than required.
Therefore, it is important to familiarize yourself with how your state’s divorce law works.
It usually takes the lawyer one or two weeks to come up with the divorce petition, and your divorce will be easier and quicker when children are not involved.
Another thing that can make a contested divorce take longer is the settlements. Settlement is a very important part of the divorce and must be done before filing for divorce.
It takes a lot of time to draw a settlement; also, negotiating the settlement among the separating couple takes time.
When you and your spouse find it hard to agree on how to split your assets, then you will need to involve an external party which also takes time and money.
Finally, understand that your divorce duration can last a year or less if both of you will be quick to agree to terms.
I hope I have answered your question “Is it worth contesting a divorce? You will understand the importance of contesting your divorce as you read this post.
Undoubtedly, most of the reasons are cogent and the best for your question “Is it worth contesting a divorce?”
For example, you will need to contest your divorce when you-
- Have children.
- Your partner is concealing some assets.
- You were abused in your relationship.
- You deserve the best spousal support.
I also described the step-by-step process of contesting a divorce. Read this post to grasp everything.