When you and your spouse don't agree about how to end your marriage, complications requiring court intervention may arise. A contested divorce can leave you feeling stuck and put a dent in your wallet.
Marriage doesn't guarantee living happily ever after. In fact, the Pew Research Center reports that for marriages that end in divorce, about 4 in 10 end within the first decade of marriage, with nearly a quarter (22%) ending after 25 or more years. During a divorce, emotions can run high, and costs can add up quickly, especially when the divorce is contested.
Our guide can help you understand how to ensure a smooth divorce process and get the settlement you deserve.
What Is a Contested Divorce?
Family law courts encourage married couples to settle their divorce issues out of court. However, certain circumstances can make this difficult.
As the name suggests, a contested divorce occurs when spouses cannot agree on issues related to the dissolution of their marriage. Some common issues that may arise include:
- Child custody and visitation rights
- Child support
- Distribution of marital property
- Alimony or spousal maintenance
Contesting a divorce can be a lengthy and expensive court process due to the following reasons:
- Multiple appearances
- Preparation and filing of court documents
- Legal fees
Chronic disputes can take longer to resolve, further driving up costs.
Why Do Child Custody Laws Exist?
Divorce can negatively affect kids in a lot of ways. In fact, Census Bureau findings show that children of divorce may experience adverse outcomes such as:
- Going to jail
- Getting pregnant as teens
- Becoming low-income earners in the future
- Dying early
Child custody laws help protect children from these adverse outcomes by ensuring smooth coparenting after divorce.
Awarding of Financial Support in Divorce Cases
A common misconception is that spousal maintenance, also referred to as alimony, is an exclusive right of one party over the other. On the contrary, it should be expected from both sides. One party needs to step in whenever the other is financially overwhelmed.
The real issue arises when either or both parties don't want to cooperate in financial arrangements.
The courts consider a lot of factors when determining the amount of financial support to be provided to whom and by whom:
- Each spouse's income
- How much they need to sustain their current lifestyle
- The length of the marriage
The best way to calculate financial support is to look for an experienced legal professional like Angelo Sarno family law attorney. They can identify and evaluate the factors the judge will consider, depending on the case.
Different Strategies for Lowering the Cost of Divorce
A disputed divorce can take a significant financial and emotional toll on you and your spouse. Thankfully, there are steps you can take to protect yourself and keep potential costs at a minimum.
Enter a Prenuptial Agreement
As the name suggests, a prenuptial agreement is created before a couple exchanges vows. It typically identifies finances and property owned by each party before the marriage. It also reveals the debts and liabilities of each party.
Prenups protect against claims that either spouse may make over the other's assets and wealth if the marriage fails.
Use a Mediator
When getting a divorce, a neutral third-party can help you and your partner resolve issues faster than the courts can. The best part is that couples can choose what time to attend mediation proceedings.
This option differs from the court process, which sets strict timelines that must be followed.
Obtain a No Contest Divorce
If you and your spouse can agree on issues and sign a divorce settlement, you can both avoid the emotional and financial implications of litigation. This is the best alternative to a contested divorce.
Getting on with your life after divorce becomes easier when you avoid an expensive and emotionally charged process.
Uncovering the Hidden Costs of Divorce
As you budget for your court filing and lawyer's fees, keep in mind that there may be other expenses to cater to. Some potential costs that you need to know about include:
- Moving to a new household
- Lost income due to missed work
- Child custody evaluation costs
- Forensic accountant fees
These costs can accumulate quickly. When you know them, you can plan your finances and lower the overall cost of your divorce.
Frequently Asked Questions
How Long Does it Take to Finalize a Disputed Divorce?
Contested divorce cases typically last one to three years. However, exact timelines vary depending on factors such as the court's location, workload, and schedule.
Cases involving highly disputed issues such as child custody and visitation can take longer to settle.
Can a Prenup Agreement Help Avoid a Disputed Divorce?
If you decide to quit your marriage, a prenup will ensure your estate and financial matters are handled as agreed before the marriage. The role of the court is to make sure these agreements are followed by both parties.
To avoid disputes, both parties are expected to sign this agreement willingly and give accurate financial information.
What Happens If a Spouse Is Hiding Assets During a Divorce?
The court of law treats hiding assets as an act of financial treachery. What judges do is look for financial experts. Their work is to track assets that someone failed to report.
If the hidden assets are found, a trusted attorney can come in to investigate before the case proceeds.
Does It Matter Who Files for Divorce First?
The short answer is yes (and no).
From a legal standpoint, filing first only starts the divorce process. It does not dictate the outcome of your case.
However, the individual who files for divorce first will have more time to prepare for the process.
Take Steps to Reduce the Cost of a Contested Divorce Today
Quitting your marriage is a HUGE decision. Starting over without someone you wanted to spend the rest of your life with can be scary. A contested divorce not only adds to the emotional stress but also drives up costs.
Your best bet for avoiding these undesirable outcomes and securing your future is to hire an experienced family law attorney. They'll evaluate your case, explain your options, and recommend the best course of action.
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