How can a divorce become contested?

Accel Admin   September 28, 2018   Comments Off on How can a divorce become contested?

A contested divorce can prove to be more difficult than an uncontested divorce. Spouses can originally file as a contested divorce or even have an uncontested divorce turn into a contested divorce. Uncontested divorces can turn into contested divorces if spouses cannot decide on marital issues together and have to enter court to do so. These issues may include alimony, child support, child custody arrangements, marital assets and more. When spouses cannot come to a resolution with one another, they may need a judge to decide in court for the final outcomes.

What grounds are stated for divorce?

Upon filing for divorce, individuals can cite a few different reasons. They may claim a fault ground or decide not to. If they claim a fault ground, reasons can vary. These reasons can include adultery, violence, pregnancy unknown to the husband, incarceration for two years with total jail time exceeding seven years, crime against nature before or after marriage, substance abuse or institutionalization of at least five years. With these reasons, fault will be placed on a spouse in the marriage. This may lead them to enter into a contested divorce. With a contested divorce, litigation is a way that can help solve their unresolved issues. Judges will make decisions regarding child custody and more.

If no fault is claimed in the divorce paperwork, spouses may remain in an uncontested divorce. This can lead them into an uncontested divorce where they can decide upon issues through mediation. No-fault grounds can include irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament. When these reasons are stated, neither spouse is to blame for the breakdown of the marriage that resulted in divorce.

How is mediation beneficial?

Through divorce mediation, spouses are able to decide on their marital issues together with the cooperation of one another during sessions with a mediator. They will not have to enter into litigation and let the judge decide for them. Instead, they can talk about their matters privately with a third party. This mediator can guide them toward a productive discussion focused on making compromises. At the end, the goal is to decide on marital issues, such as alimony, the division of assets, child support and child custody. This process requires the cooperation of both spouses to decide on resolutions.

The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.