Do You Really Want a Contested Divorce? What You Should Know

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Do You Really Want a Contested Divorce? What You Should Know

Admin • Jun 28, 2021

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Divorce is never easy. The process is highly emotional and difficult for many couples, so you likely want to get through it as easily and quickly as possible without sacrificing anything you are entitled to.

For the easiest divorce, you and your spouse should agree on all aspects of your divorce settlement. Sadly, many couples are unable to remain amicable and cannot work together to negotiate in a peaceful manner. In some of the most difficult divorces, one spouse may wish to contest the divorce. A contested divorce means the divorce cannot be final due to the disagreement of one or both spouses on the terms of the divorce.

Ideally, you want to avoid a contested divorce when possible. But if you think a contested divorce is the right option for your marriage, the following are some things to think about.

Are Contested Divorces Stressful?

In most cases, contested divorces are highly emotional and may even be vitriolic on the part of one or both spouses. This creates high levels of stress throughout the divorce. Frustration is normal in a divorce, but fighting and disagreements will exacerbate an already stressful situation.

Can You Prevent a Contested Divorce?

Whether or not you can avoid a contested divorce is up to you and your spouse. Your circumstances will predict how easy or difficult your divorce will be. The easiest way to avoid a contested divorce is to be willing to work with your former spouse to find solutions on different terms.

This is not to say you have to give up everything you want. But you have to be willing to give on terms that may not be as important as you once thought. For example, if you are insistent on keeping your marital home and your spouse wants to sell, you may need to agree to pay your spouse more than his or her half to satisfy that component of the divorce.

To help you prevent a contested divorce, make a list of the items you are unwilling to budge on alongside those you can compromise. Try to keep the list as even as possible. This should help you and your attorney work with your spouse and their respective attorney on the terms of your divorce.

Why Should You Avoid a Contested Divorce?

A straightforward divorce is always much easier than a contested divorce. Not only is a contested divorce more stressful but it also includes more paperwork. Typically, a divorce requires a petition you file with the court, a negotiation of the terms, and a finalization before a judge.

Additionally, a typical divorce is less expensive than a contested divorce. When you or your spouse contests the divorce, you have to spend more time on the divorce process. The faster you get through your divorce, the quicker you'll be able to get back to your day-to-day life and job.

In less practical terms, a contested divorce is more emotionally draining than a typical divorce. A contested divorce means one or both of you have a disagreement so vital that you cannot finalize the process until you make a decision.

When you are unable to decide, you leave the decision to the judge. If the issue is emotionally charged , such as child custody, chances are you will be highly upset if the decision does not go your way. If you can agree on these sensitive matters, you all will come out of the process emotionally intact.

Your divorce attorney will help you both negotiate the terms of your divorce as much as they can. However, the final decisions come down to how willing you both are to work together and make sound decisions that will benefit everyone. For assistance with your divorce, please contact us at the Law Office of Joe R. "Jay" Johnson, II.

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