Contested divorce often begins with considerable conflicts between spouses. They base their requests based on emotions, mainly seeking gratification. When logic is out of the equation, the divorce settlement process can hardly progress; when it does, it is messy. If you are in such a situation, enlisting an experienced divorce lawyer is the most logical course of action. The lawyer can help create a more favorable environment for the divorce to progress and result in beneficial long-term outcomes. Without a lawyer, you may end up with a contested divorce, normally including a trial. A contested divorce is costly and takes longer, which can hurt your family. Here is a glance at the top instances that could lead to a contested divorce.
Marital assets distribution
Assets issues arise when you can’t find common ground to define which assets qualify as marital and how they can best be divided. You may have joint investments, but one spouse feels they should get a bigger share. In other instances, the assets could be registered under one spouse’s name despite accumulating them together over the years in marriage. Assets disputes are the most common factors leading to a contested divorce, where a judge is left with the decision as to which assets are marital and how they should be divided. This can cause significant financial losses as the process usually requires multiple court sessions, and the lawyers’ fee tends to rise.
Is your marriage ending due to concerns like domestic violence, adultery, or abandonment? In most instances, the spouse that feels hurt by the grounds tends to have the upper hand. They can use this advantage to punish the other spouse and squeeze the most out of the divorce. This is why you need a lawyer in such cases, especially since the other spouse will definitely hire one. A lawyer can help ensure that the spouses agree logically while still accounting for the grounds. This may include the at-fault spouse taking a minor blow in the settlements to avoid more costs and problems down the line. In other instances, the grounds may not be valid, which the spouse must prove at trial. Such circumstances require a professional approach, emphasizing the need to hire a divorce lawyer.
Spousal and child support
Spousal support can be a contentious topic. One spouse may disagree with the support or a proposed amount, which can drag the process. If a child/children are involved, their custody and support can be overwhelming. A neutral ground is difficult to reach since many parents want more privileges like full custody. Visitation rights could also be harsher for the other spouse, which can cause significant conflict. Based on the divorce grounds, a lawyer can facilitate a better agreement where the children aren’t deprived of parental care.
A prenuptial agreement is a good idea, but it doesn’t mean it’ll automatically apply in case of a divorce. This is more so considering the instances leading to the divorce or arguments like the agreement was coerced. The prenuptial agreement may not be uniformly enforceable, which can lead to a contested divorce. A lawyer can help you find an amicable solution while including the prenuptial agreement in the equation to avoid a costly and lengthy process.
Avoiding a contested divorce can’t be emphasized enough. While it might seem inevitable, an experienced divorce lawyer can help find common ground even in the most heated divorce. This can speed up the process and ensure the divorce doesn’t cause long-term implications that could hurt you and others involved, like children and other dependents.