When two people cannot agree on at least one major issue during their divorce, it is called a contested divorce. Disagreements over multiple problems are typical in contested divorces, but only one conflict is required for the court to become involved. The divorce is contested when a married couple files for divorce without a mutually agreed-upon marital settlement agreement.
A lawyer will work to present each side of the dispute to the judge on behalf of each couple. Speak to a Massachusetts divorce attorney if you want to file for divorce. Although it’s better to avoid contested divorces whenever possible, there may be circumstances in which they’re your only choice. When the benefits of a contested divorce go beyond the drawbacks, you should choose it.
What are the pros of contested divorce?
In an uncontested divorce, compliance is voluntary on both ends of both parties. One spouse’s deception may go unnoticed if they act dishonestly (such as by hiding assets). Even worse, they might not be held accountable if the court hasn’t granted an injunction to stop them from transferring assets like money or property.
The court can order both parties to provide any related financial records when a contested divorce occurs. Additionally, the court has the authority to stop them from changing things to hide assets during a divorce. If they do, breaking the rules could result in them being convicted in contempt of court.
That kind of authority is not possible in an uncontested divorce.
Those trying to file for divorce from an abusive or manipulative partner might find protection from a contested divorce. It can be tricky for an abuser to compel someone into agreeing to something under duress when the court is involved. After considering all the available evidence, the court will make a just decision that conforms to the law.
What are the cons of contested divorce?
It can cost you more than $15,000 in bills and more than a year of your life to go through a contested divorce. A lengthy divorce procedure may lead to overwhelming debt. Specific individuals have sufficient financial stability to handle the costs of a contested divorce. If not, you should reconsider.
Talk honestly with your partner before filing for divorce. Given the time and cost involved in a contentious divorce, there might be enough incentive to try to cooperate.
A contested divorce not only adds significant time and financial constraints to your life, but it also causes significant stress to the lives of your children. You engage in combat when you hire an attorney and appear in court.
