Contested Divorce Laws
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What Is a Contested Divorce?
A divorce is "contested" when one or both of the parties present a legal issue connected with the divorce. This concept does not refer to instances where the one partner doesn’t want to get a divorce—rather, it involves instances where the court must intervene in order to resolve a legal dispute.
Contested divorces tend to happen with marriages that had lasted for many years, since, over time, the parties develop concerns over complex issues such as property rights. A divorce is considered "uncontested" when neither party brings a legal dispute and they mutually agree on the various aspects of the divorce arrangement.
What Types of Legal Issues Are Commonly Contested in a Divorce?
Like any divorce hearing, many different legal issues can arise in connection with divorce. Some legal issues that are commonly contested in a divorce include:
- Spousal support
- Division of property
- Child custody and visitation
- Child support
- Issues related to business
- Property improvements done by one spouse
Other legal issues may complicate the overall situation. For instance, if there are issues regarding domestic abuse, then child custody and visitation are arranged.
How Are Contested Divorce Issues Resolved?
Contested divorce issues are resolved through a careful examination of various factors related to each issue. For instance, a judge may consider:
- How long the couple had been together
- Whether or not the couple had children
- The nature of each party’s relationship with the individual children
- Each partner’s income level and earning capacity
- Whether or not the couple had accumulated a large amount of property and assets over time
- Whether or not the couple had invested in joint business endeavors
Do I Need a Lawyer for Assistance with a Contested Divorce?
Contested divorces can sometimes involve very complex legal issues that need to be dealt with immediately. It’s in your best interests to hire a qualified family lawyer if you need help with a contested divorce. Your lawyer can provide you with the legal guidance and representation that is needed during the process.
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Last Modified: 01-22-2015 03:52 PM PST
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