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When is a contested divorce necessary?

On Behalf of | May 21, 2023 | Divorce

When going through a divorce, you can choose the contested or uncontested option. An uncontested divorce is renowned for being more manageable. Since couples agree on crucial matters, they don’t need to go to court for orders, and it takes a short time. This is the opposite of a contested divorce. If you and your spouse can’t agree on a matter, you may need to go to court. But even absent this disagreement, this divorce type may be your best option in some situations.

Here are three of them.

It’s a fault divorce

A no-fault divorce can be handled outside court with the help of neutral parties. However, if you have filed for divorce with grounds, a contested divorce might be your choice. When a spouse is at fault, the elements of a divorce can change, from property division to spousal support.

Domestic violence /abuse in a marriage

If your marriage involved domestic violence or abuse (physical or psychological), it would help to go to court. This is because you may not be comfortable to state your true wishes. Further, your soon-to-be ex-spouse may use tricks to get a better outcome. 

Thus, if you believe your ex-spouse won’t be fair, considering their behavior in the marriage, a judge should help you.

Hiding assets

If upon providing financial statements and a list of marital assets, you notice unusual aspects in your spouse’s submission, you should consider a contested divorce. This is particularly necessary if they can’t provide answers when you raise questions. The court has the resources to identify and find hidden assets. Thus, it can help you get a fair outcome.

Contested divorce is mostly associated with conflicts, but, at times, it may be the most suitable option. You should learn more about your case to make informed decisions.