When a married couple agrees to dissolve their marriage legally, this is known as a divorce proceeding. If together and have a lot of assets to divide, the divorce procedure might be straightforward or complicated, depending on your circumstances.
In the case of a long-term marriage with small children, joint property ownership, and debt accumulation throughout the wedding, the contested divorce may be protracted. As a result, it may need the assistance of a family law attorney.
What Does Contested Divorce?
A contested divorce is the official process of obtaining a divorce from your spouse. When a divorce by mutual agreement cannot be achieved, one should use this option. However, when one spouse eventually decides to go through with a divorce, it is a contentious divorce.
Your spouse must be charged with committing the marital crime for the divorce to be contested. Divorce may be granted based on a Matrimonial Offense. Your spouse is to blame for their actions. You conclude that living with your spouse is impossible because of their acts or omissions and their inability to conduct themselves reasonably.
What is an Uncontested Divorce?
Couples who are divorcing amicably or with the assistance of a mediator will have an uncontested divorce if they both desire it and can agree on all problems. The judicial system is unnecessary, or at the absolute least, not required at all. It is common for these divorces to be less contentious and more straightforward.
Some states have rules about when you can get a divorce without a fight, but in general, you and the spouse can’t do any of the following:
- Any issues with money or arguments over money
- Divorce, alimony, custody battles
- Disagreements about the conditions of a divorce
Contested Vs Uncontested Divorce
| Basis | Contested Divorce | Uncontested Divorce |
| Hearing Location | Public hearings are the norm for judicial proceedings when public members can attend. | It may resolve disputes in the judges’ chambers, a private space not accessible to the public. |
| Proceeding length | Hearings may last up to several days, making the process more time-consuming and costly. | Uncontested divorce hearings often run less than 10 minutes regarding divorce processes. |
| Amicable Process | A Contested divorce exposes both spouses to the possibility of combative judicial proceedings. When the parties to a divorce see one other as adversaries, communication becomes nearly impossible. | Parties to an uncontested streamlined divorce are much more likely to persist in amicable relationships, particularly when they had agreed on the divorce terms. |
| Decision-making | Making choices on divorce-related issues is a joint endeavor for a marriage. | In the case of a relationship, the judge makes choices. |
| Appropriate if | The couple has achieved an agreement or has reached an agreement via mediation. | 1. There are disagreements between couples, and mediation is not an option in certain situations. 2. It is believed that one of the spouses poses a danger to the other and their children. |
Reasons to choose Contested Divorce
In a divorce, contested matters might be anything that causes disagreement between the parties. For example, choosing how to divide cash, who gets the home, or even child custody may be challenging.
Asset Secrecy
Unfortunately, it is rather usual for couples to conceal things from one other throughout marriage and divorce, mainly financial matters. When a spouse hides assets from a court, the judge cannot consider their worth when determining how to split the property between the parties. These assets may also affect spousal maintenance and child support. Because disputed divorces are fought, each spouse has access to discovery methods that may assist in identifying all relevant assets, putting the parties on an equal footing.
Children’s Best Interests
If parents cannot agree on co-parenting, a contentious divorce is necessary to determine custody and visitation. Because a court must decide what best benefits the kid or children involved. This procedure considers the children’s emotional and physical requirements, each parent’s capacity to care for them, any prior actions or omissions that may suggest a problem in the parent-child connection, and the children’s wants.
Spousal Support
In many divorce cases, spousal support is required, although couples often differ. Any party requesting financial assistance must show that they gave up significant prospects throughout the marriage. For example, a court might provide matrimonial service if one spouse leaves school to work. At the same time, the other graduated, if one spouse has a disability that prevents them from working or if one spouse is the primary carer for a disabled kid.
Marital Abuse
Sadly, many divorces include abusers who abuse their partners. Divorcing an abusive spouse might provide relief, but it can also be challenging since abusive spouses often try to sabotage the divorce process. However, in a disputed divorce, an expert divorce attorney and the court’s input may assist in guaranteeing all goods are accounted for without the abusive party interfering.
No Compromise and Unrealistic Expectations
A disputed divorce is desirable for both parties if one spouse believes they are entitled to extreme conditions. Someone unwilling to compromise or negotiate can resolve no family law matters. A disputed divorce is time-consuming, but it helps prevent a one-sided and unjust divorce settlement.
What are the grounds for a Contested Divorce?
When divorcing a spouse, a valid petition must be prepared, including the reasons for the divorce. There is no way to be divorced in court if you don’t have the right reasons. So let’s look at the legal grounds for requesting a disputed divorce. One may do this in several ways, including:
- Having an extramarital affair and having a sexual connection outside of marriage is a kind of adultery.
- Anger, displeasure, and disruption caused by one spouse on the other constitute cruelty.
- When a spouse intentionally leaves the other without a good cause, it is called desertion.
- In the case of forced conversion, the term “conversion” is used.
- If the partner suffers from any form of mental impairment.
How much does a Contested Divorce Cost?
Costs for a lawyer’s services account for more than half of the court’s charge, only Rs 15. However, when it comes to divorce, private attorneys’ fees may range anywhere from Rs 10,000 to Rs 1 lakh, relying on the kind of divorce and how long it takes to finalize.
Step by Step Process and Procedure for Filing Contested Divorce
The contested divorce procedure is as follows:
STEP 1: Filling a petition by either the husband or the wife.
STEP 2: Summon sent to the other spouse and request a response.
STEP 3: Recommendation of reconciliation.
STEP 4: Witnesses and evidence to examine and cross-examine in the courtroom.
STEP 5: The attorneys present the concluding arguments for both sides.
STEP 6: The court issues a decree of dissolution of marriage.
What are the benefits of choosing a contested divorce?
Asset Coverups
After a divorce, everyone wants their fair share. When a marriage ends, many divorcees become selfish and conceal things from one other, including finances. One spouse’s hiding assets from the court prevents the judge from dividing them equally. That implies they have no bearing on spousal or child support. The discovery procedure allows each spouse to identify all assets, putting both ex-spouses on an equal footing.
Alimony
When a marriage ends, spousal support is a common issue. This includes dropping out of school to work while the other spouse pursued a degree or caring for a disabled kid while the other spouse worked. However, a court may grant alimony for many reasons.
Divorce terms are uncompromising
An ex isn’t always eager to be fair or rational. In such a situation, don’t give in to their demands. To prevent an excessively one-sided and unjust divorce settlement, seeking a contested divorce could be your best option if your spouse is reluctant to compromise or bargain.
Children’s welfare
Children’s custody, maintenance, and visitation are commonly contested issues between divorcing parents. This includes their physical and emotional requirements, each parent’s capacity to care for their children, their connection with their kids, and their wants.
Conclusion
Parties must explore the alternative of reconciliation due to the length of litigation and procedural problems. Before filing for divorce, both parties must carefully consider their children’s and personal futures. However, if the issue is severe enough, the parties may divorce immediately. If the party’s claim is valid, the court will readily award a divorce.
The laws governing disputed divorces have been in place for decades. Though the actual method may vary, the phases and reasons for a disputed divorce generally follow the legislative principles.
FAQs
1. How long does a contested divorce take?
A contested divorce takes three to five years to complete due to complexities and the potential of either side appealing the verdict in the High Court or Supreme Court.
2. How can I speed up my contested divorce?
No matter why you want a divorce, there are actions you may do to expedite the process, particularly if your husband doesn’t object.
- Organize your estate.
- Exchange financial paperwork with your spouse.
- A divorce between you and your spouse? Consult a financial counsellor.
- Start pre-trial motions and hearings right away.
- Pre-book the divorce mediator’s time.
- Consider ADR.
3. What to expect in court?
Draft, submit, & submit the divorce application (legal papers requesting the divorce and specifying the reasons for the collapse of the marriage) react to the petition
4. How can you make the process easier on yourself?
- Think about Mediation
- Mediation Saves Money
- Ignore Tax Issues
- avoiding DIY if angry or deceitful
- Ask Your County Clerk
- Visit Legal Document Writers.
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Topics #contested divorce #divorce #Law #Legal #uncontested divorce
