A contested divorce is handled differently than an uncontested divorce. When spouses file for divorce, they may claim a fault ground. This can place the fault on one spouse in the marriage. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for themselves, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first. This is to ensure their well-being is being taken care of.
Can a divorce become contested later?
For divorces, they can either be contested or uncontested for any given case. When a divorce is considered to be uncontested, spouses can go through a simpler process to decide on issues before an official divorce is made. This process can include divorce mediation to resolve issues by deciding on outcomes together without the involvement of litigation. If this process of mediation is not working for the couple due to the lack of cooperation or inability to work together, they may decide to contest their divorce. For the mediation process to work, it is important for both spouses to cooperate in order to come to conclusions. If this happens, then the divorce can become contested. This can lead couples to enter into litigation with a judge.
During mediation, spouses can decide to stop the process at any time. If they are unhappy with how the process is continuing, this may not lead them to be satisfied with the end results. Since these individuals have to decide on marital issues, mediation may not be the best way to resolve issues. They may need the intervening of a judge to do so. When this occurs, individuals may find that they are more confident in the court’s decision than the one that was being spoken about during mediation.
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