Dealing With Contested Divorces
There aren't many men and women that would dispute the fact that it's extremely difficult
and emotionally charged to come to the decision that you no longer have the ability to work out the problems you face in your marriage. However, the difficulty around the situation might be made much worse when your husband or wife chooses to contest the divorce.
What the Divorce Process Involves
Getting a divorce isn't easy for anyone. There will be significant emotional price which will need to be paid by all those involved. Each person will also have to deal with the cost of the process as well as the amount of time it will take to resolve things.
The divorce process generally starts with one Family Solicitor drafting and sending a formal letter to the other partner advising them of the intention to file for a divorce. A petition will then be submitted to the court. In this and the other documents sent to the court, are the petitioner's suggestions for how they wish to tackle the issues of custody of the children and also the married couple's finances.
As soon as the wife or husband receives the divorce petition, they have got to decide if the terms which were outlined are fair or not. The kind of form they will file in response depends on whether or not they are in agreement with the terms. Should they submit an Answer form, which indicates they don't agree, your divorce process will be a contested divorce. That usually means it could be more complex and cost considerably more to resolve.
Why are Divorces Contested?
A lot of people assume that a divorce can only be contested when one of the partners doesn't actually want to get divorced. But, there's a number of different reasons which could cause a wife or husband to choose to contest the divorce.
When one of the spouses makes a decision to contest the divorce process, it doesn't mean they want to remain married. It just means that they don't want to just accept the terms which were outlined in the original divorce document that was filed with the court. Child custody challenges and spousal support tend to be the matters which are normally responsible for the divorce to be contested. Other issues include how to divide up the couple's possessions.
Often people make an effort to get through their divorce process on their own, without employing a solicitor. But when your divorce is contested, it is much more difficult to achieve this. It's now become a much more complicated legal process and you have to have somebody in your corner who's going to be mindful of how the legal process works.
The Complications of a Contested Divorce
In many cases, a "straightforward" divorce process where everybody agrees with the terms can be finalized within a year of the date it was originally filed. However a contested divorce usually takes much longer to complete.
It may not seem like it, but divorce is actually a legal process. Uncomplicated divorces are usually quite straightforward to deal with, but when it becomes contested, there will be a great deal more legal issues that are going to have to be taken care of.
A contested divorce means that you're going to have to provide a lot more information for the court. Among that information could be forms outlining the key reasons why you wish to get divorced, or the reason you're contesting it. Financial particulars and information can be something that's regularly requested and you might also be expected to give the court documentation concerning the behavior of your husband or wife and the reason why it happens to be relevant to the divorce case.
If you haven't appointed a solicitor yet and your divorce becomes contested, you probably don't have much choice. It is crucial that you use a solicitor to be sure every detail is managed in the correct way.
by: Matthew Kirkman
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