Contested Divorce

Divorce can be classified as contested and uncontested. Contested divorce occurs when the parties involved cannot agree on the divorce itself or its terms, such as child custody, child support, spousal support, division of assets and liabilities, and other legal matters.

Uncontested divorce is much easier. It means that the parties involved agree on the divorce and its terms without the need for legal professionals to distribute these assets and liabilities.

According to the website of the divorce lawyers of Kirker Davis LLP, contested divorces are often lengthy and expensive. This is because the disagreements between the parties need proper reconciliation, which often warrants legal help. It is better to be represented by a lawyer on contested divorce because of all its complexities, unlike uncontested divorce where a person may represent himself or herself and still be successful in the divorce process.

Common disagreements on contested divorce

  • Child custody: One of the most common issues involving divorce is child custody. It is a misconception that mothers always get custody of children. Courts don’t have biases against fathers. In fact, gender is not an issue in determining child custody. The main factor in the decision is the best interest of the child.
  • Child support: Divorces involving minor children have the legal issue of child support, to give sustenance to the child in terms of education, health, and other aspects relating to the child’s well-being. Like child custody, child support has the best interest of the child in mind.
  • Spousal support: A divorce can have a negative effect on the economic status of either party, especially if one of the parties is a non-earner or a low-earner. This is especially true if he or she has sacrificed a career for familial duties. For this reason, this party may be eligible to receive financial support from the other party, may it be short-term, long-term, or permanent.
  • Division of assets and liabilities: The family’s money, properties, debts, and other liabilities are divided upon divorce. These assets may include houses, retirement and pension plans, and even entire businesses. It is common sense that the parties will fight to get everything they possibly can.

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