A divorce is contest when both spouses cannot agree to the terms necessary in order to finalize the divorce, and that court intervention may become necessary in order to solve the legal dispute. Some of the legal issues that can arise in a contested divorce include spousal support, property division, child support, child time-sharing and visitation and more. Each divorce case is unique, and you need a family lawyer who will give personalized attention to your particular circumstances.
If you want to file for a contested divorce, there are some factors you need to consider. You should not conceal any assets or hide them from the court in order to obtain a more favorable ruling. Hiding assets can lead to serious legal, sometimes even criminal, consequences. Liability for hiding assets may lead to a contempt order or other consequences. When you do make disclosures, be sure to be honest and forthcoming with any figures and numbers, particularly for business accounts. You should also consider the effect your divorce will have on others, especially your children. Do not use your kids as “leverage” or “bargaining chips” during your divorce proceedings.
When divorcing spouses cannot agree, a judge will typically order mediation before the divorce case can go to trial. During mediation, each spouse will be able to sit down, along with their respective attorneys, in order to try and work out their differences. Mediation typically places the outcome of the session into the hands of the disputing parties. This means that, through the assistance of a neutral third party, the divorcing couple can revolve their issues without court intervention.
When there are children involved in a divorce, the court will always go with what they consider to be in the best interests of the children, regardless of whether or not you agree.