What is contested divorce?
A contested divorce occurs when spouses cannot agree on one or more important issues in their divorce proceedings. Unlike an uncontested divorce where both parties reach agreements on all matters, a contested divorce requires court intervention to resolve disputes. This type of divorce typically takes longer, costs more, and involves more emotional stress than an amicable separation.
Common Issues in Contested Divorces
Several key areas often become points of disagreement between divorcing spouses:
- Division of property and assets – Deciding who gets the house, cars, retirement accounts, and other valuable items
- Child custody arrangements – Determining where children will live and how parenting time is shared
- Child support payments – Calculating fair financial support for children
- Spousal support or alimony – Deciding if one spouse should support the other financially
- Debt division – Determining who pays credit cards, loans, and other debts
The Contested Divorce Process
When couples cannot resolve their differences through negotiation, the divorce moves through several stages:
Filing and Response
One spouse files divorce papers with the court, stating their desired outcomes. The other spouse then responds, often disagreeing with some or all requests. This begins the formal legal process.
Discovery Phase
Both sides gather information about finances, assets, debts, and other relevant details. This may include requesting documents, asking written questions, and conducting depositions where people answer questions under oath.
Negotiations and Mediation
Even in a disputed divorce, courts encourage couples to settle outside of trial. Lawyers negotiate on behalf of their clients, and many courts require mediation attempts before allowing a divorce trial.
Court Hearings and Trial
If negotiations fail, the case goes before a judge. Both sides present evidence and arguments during the divorce trial. The judge then makes final decisions on all disputed issues.
Child Custody Disputes in Contested Divorces
Child custody dispute resolution often becomes the most emotionally charged aspect of a litigated divorce. Courts focus on the best interests of the children when making custody decisions. Factors judges consider include:
- Each parent’s relationship with the children
- The stability of each parent’s home environment
- Work schedules and availability for childcare
- Any history of abuse or neglect
- The children’s preferences (if they are old enough)
Timeline and Costs
A contested divorce typically takes much longer than an uncontested one. While simple divorces might conclude in a few months, disputed divorces often last a year or more. Complex cases involving significant assets or bitter custody battles can extend even longer.
The costs also add up quickly in a litigated divorce. Attorney fees, court costs, expert witnesses, and other expenses can range from several thousand to tens of thousands of dollars, depending on the complexity and duration of the case.
Advantages and Disadvantages
Potential Benefits
- Legal protection of your rights and interests
- Court oversight ensures fair division of assets
- Formal process for addressing all issues
- Legal enforcement of agreements
Common Drawbacks
- High financial costs
- Lengthy time commitment
- Increased stress and emotional toll
- Less control over outcomes (judge decides)
- Potential damage to family relationships
Alternatives to Consider
Before committing to a fully contested divorce, couples might explore other options:
Collaborative divorce involves both spouses working with specially trained lawyers to reach agreements without going to court. Mediation uses a neutral third party to help couples find common ground. Arbitration allows a private judge to make binding decisions outside of court.
Making the Decision
Choosing between a contested and uncontested divorce depends on your specific situation. If you and your spouse have fundamental disagreements about important issues like child custody or property division, a contested divorce may be necessary to protect your interests. However, if you can find ways to compromise, you might save time, money, and emotional energy by avoiding a full divorce trial.
Consider consulting with a divorce attorney to understand your rights and options. Even if you hope to avoid a litigated divorce, knowing what to expect can help you make informed decisions about your future.
