Reasons For Contesting A Divorce
Posted on: 28 November 2022
If your spouse serves you with divorce papers, you will have to appear in court for a hearing of your case. It is essential to hire a divorce lawyer to help you during the legal proceedings. Some reasons you may have to contest a divorce are as follows.
Concealment of Assets
It is common for spouses to conceal things from each other. When going through a divorce, you can contest the process if you have proof that your spouse has concealed assets from the court. This means the judge will not account for these items when dividing marital property.
Furthermore, these assets may also affect the court's ruling on spousal maintenance and child support. Since a contested divorce is litigated, each spouse has access to discovery tools that help them identify the assets in question.
Alimony
During divorces, the parties involved often disagree on spousal maintenance. When contesting a divorce, you need to prove that you gave up opportunities throughout the marriage, like leaving school to get a job while your spouse pursued a degree or giving up your job to be a caregiver for your children.
The judge may approve your alimony request if your child's best interests aren't met through a proposed visitation or custody plan. If you disagree with your spouse about co-parenting arrangements, you must contest the divorce to get a ruling on visitation or custody. The judge will make a ruling that is in the child's best interests. During the judge's ruling, they will consider factors like:
- Each parent's ability to cater to the child's well-being
- The current and future physical and emotional needs of the child
- The child's wishes, especially if they are mature enough to make rational decisions
- Any acts or omissions by the parent that prove an unhealthy parent-child relationship, such as
- alcohol addiction or domestic violence.
Spouse Rejects Divorce Terms
Sometimes it is best to contest a divorce if your ex is unwilling to be reasonable. You don't have to give them what they demand if it is unfair. If they are unwilling to negotiate or compromise, a contested divorce is your best chance of getting a fair settlement. However, a contested divorce may be lengthy, but it will be worthwhile when the terms are equitable.
In Closing
An uncontested divorce is easier because there are no lengthy proceedings. However, if some terms of a divorce are one-sided or don't serve your child's best interests, it is better to contest the divorce. Make sure you compare the quotes and credentials of different divorce lawyers to find the one best suited to contest your divorce.
For more info, contact a local family attorney.
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