The term “contested divorce” means disagreements between the two parties. This may include an allegation of fault. In addition, both spouses have the chance to look for and discover previously undiscovered assets during a contested divorce, including bank accounts, brokerage accounts, improper transfers of money or property, and other assets that were kept secret from one spouse.
Legal Battles
A contested divorce is a type where the two parties cannot agree on all aspects of the divorce. These issues typically involve debt, property, and possible child custody disputes. This type of divorce takes much more time than an uncontested divorce and requires the help of a divorce attorney.
While contested divorce is often a stressful process, it is often in the best interest of the two parties. It can be expensive, but it is the only option when the two parties are unwilling to compromise over their family law issues. A contested divorce Tampa is best for both parties, as it prevents an unfair divorce settlement.
Costs
The costs of a contested divorce are often higher than those of an uncontested divorce, but if you follow your attorney’s advice and the rules, you can save money. Generally, the costs are higher due to the more time-consuming nature of contested divorces and the higher attorney’s fees. Additionally, you may need to hire an expert witness to testify in your case. This could involve mental health issues or child custody. These expert witnesses may also charge their fees. Finally, a contested divorce may last for years as spouses disagree on maintenance, division of assets, and even child care. Besides the legal bills, the emotional costs are high.
Time
Whether your divorce is contested or uncontested, the time it takes to finalize it can vary from state to state. States with large backlogs can delay the divorce process for weeks or months. And some have to wait before the judge can approve a judgment in case either party decides to appeal it.
When a divorce is contested, many different issues need to be decided. For example, all major issues are spousal support, child custody and visitation, and property division. It is an uncontested divorce if the couple can agree on these matters before trial. However, some couples disagree on certain issues and are forced to trial.
The court process is usually expensive and lengthy. Once the parties file the divorce documents, the court will schedule a trial, during which a judge will decide on contested issues. At this time, both spouses will be required to present evidence and witnesses to support their sides.
Children’s Best Interests
If the parents cannot agree on co-parenting arrangements, a contested divorce is required to obtain a court ruling on custody and visitation. This is because a judge must make a decision in the best interests of the child or children involved. This process considers factors such as the children’s emotional and physical needs, each parent’s ability to provide for the children, any previous acts or omissions by a parent that could indicate trouble in the parent-child relationship, and the wishes of the child or children themselves.