According to the CDC, there were over 780,000 divorces carried out in 2018, the most recent year in which trends were studied.
While divorce is never an easy prospect, we can assume some of those marriages ended amicably, with both couples agreeing on the details of the separation. On the other hand, a large number of divorces end up on the other side of the spectrum: divisive, frustrating, and combative.
If you’re struggling to end your marriage, you may have heard of “uncontested” and “contested” divorces. But what is a contested divorce, and what does it mean for you?
What Is a Contested Divorce?
First things first: what is a contested divorce?
It may be easier to begin by explaining what an “uncontested divorce” means. As the name suggests, an uncontested divorce occurs when both spouses agree on all issues involved in the divorce. This is divorce in its simplest form.
If there are disagreements about the terms of the divorce, however, the divorce becomes what’s known as a “contested divorce.” Legally, this occurs when one spouse files for divorce and the other files paperwork to contest the terms within a certain time period (depending on the state).
A divorce can be contested due to a disagreement over one or more of the following terms:
- Whether or not both spouses want a divorce
- Who the children will live with
- Whether visitation is allowed
- The amount of child support to be paid
- The amount of alimony to be paid
- Who gets any family pets
- How property should be divided
- Who is responsible for paying certain debts
When neither party agrees, the divorce will need to be finalized with third-party help either in or out of court.
What Happens in a Contested Divorce?
Now that you know the ins and outs of contested vs uncontested divorce, what does “contested divorce” mean for your family?
Ultimately, if both spouses cannot agree on these terms, a judge will decide on an agreement for them. This is why it’s critical to have good legal representation, as a skilled divorce lawyer can help you work out an agreement that resolves any disputes. For more information, learn from the experts at https://www.marshalltaylorlawfirm.com/
Most important to many families is the lengthy time frame for this issue to be resolved, leaving many spouses to wonder, “How long does a contested divorce take, anyway?” The answer can vary according to the number of terms contested and the complexity of your specific case. However, some cases can take over 18 months to see a resolution.
Finding Help With a Contested Divorce
Now that we answered the question “what is a contested divorce?” keep in mind that some couples will find it easy to find an agreement without help from attorneys or lawyers, others will find themselves in the middle of a grueling battle. When this happens, it’s critical to find the legal aid you need to secure the terms you’re looking for, allowing you to reach the agreement you and your family deserve.
If you need more legal guides to help you through hardship, check out our other posts for more helpful insights.
