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Dealing With A Contested Divorce Process

Monday, September 24, 2012

There are not many individuals that would dispute the fact that it's extremely difficult and emotional to come to the conclusion that you don't have the ability to resolve the difficulties you have in your marital relationship. However, our Family Solicitors office knows the challenges surrounding the situation could very well be made a great deal worse if your husband or wife chooses to challenge the divorce.

The Process of Divorce
Divorce is not easy for anyone. There is a significant emotional toll which will need to be paid by all those involved. Each individual will also have to cope with the cost of the process and the length of time it is going to take to resolve things.

The divorce process generally begins with one solicitor preparing and sending a formal letter to the other spouse advising them of the desire to file for a divorce. A petition will then be filed with the court. In this and the additional documents sent to the court, will be the petitioner's proposals for the way in which they would like to tackle the matters of child custody and the couple's finances.

Once the partner receives the divorce petition, they will need to decide if the terms and conditions which are detailed are satisfactory or not. The type of form that they file in response is dependent upon whether they accept the terms and conditions. Should they file an Answer form, which indicates they do not agree, your divorce is a contested divorce. That typically means it could be more complex and cost you considerably more to settle.

Why do Partners Contest Divorce?
A lot of people assume that a divorce can only be contested if one of the partners does not in fact want to get divorced. However, there are actually several different reasons which could cause a partner to choose to contest the divorce.

Any time one of the partners makes a decision to contest the divorce, that doesn't mean they would like to stay married. It simply suggests that they don't wish to just accept the terms and conditions that have been specified in the initial divorce document that was filed with the court. Custody matters and alimony tend to be the matters which are generally the cause of the divorce to be contested. Various other matters include the best way to divide up the couple's property and assets.

Often individuals try and cope with their divorce process on their own, without employing a Divorce Solicitor. However, if your divorce is contested, it's much more challenging to do this. It's now developed into a significantly more complex legal process and you've got to have somebody helping you who's going to be conscious of the way the legal process works.

Contested Divorces are More Complicated
In a lot of instances, an "easy" divorce where everybody agrees with the terms and conditions could be concluded in less than a year of when it was originally filed. However a contested divorce is going to take a lot longer to conclude.

It may not seem like it, but a divorce is in fact a legal process. Simple divorces tend to be pretty straightforward to manage, however, if it becomes contested, there's considerably more legal aspects which will have to be dealt with.

A contested divorce also means that you're going to have to put together a lot more information and facts for the court. Among that information could be papers outlining the reasons why you want a divorce, or why you are contesting it. Personal financial particulars and information can be something that's usually asked for plus you might also be expected to give the court documents concerning the actions of your partner and the reason why it happens to be relevant to the divorce.

If you haven't appointed a solicitor yet and your divorce ends up being contested, you really don't have much choice. It is vital that you employ a legal professional to make certain every detail is taken care of correctly.