In most cases, couples may agree to divorce, but if complications arise, they may disagree, resulting in a contentious divorce. In a contested divorce, one or more of the divorce’s issues are challenged by the parties. It’s very common for a Huntsville contested divorce attorney to propose a contentious divorce because of these five key reasons:
Unfortunately, couples often keep financial information hidden throughout marriage and after a divorce. A judge can’t consider hidden assets when assessing how to divide property in a divorce. Additionally, these assets may impact spousal support and child support payments. Contentious divorces allow both parties to employ discovery processes that may help them find all relevant assets, placing them on an equal footing.
Protecting the Interests of Children
A divorce becomes problematic if the parents cannot agree on co-parenting so that custody or visitation may be determined. This is to ensure that the child’s best interests or children are taken into consideration. All factors are considered in this process, including the needs and desires of children. The previous behaviors or omissions that may indicate a problem in the parent-child relationship are also taken into account.
Couples sometimes disagree on whether spousal maintenance is necessary for divorce situations. Financial support may only be granted to those who can prove to the other spouse that they have given up all other options while married. Spousal aid may be granted if one spouse dropped out of school to work while the other completed their education, one spouse is disabled and unable to work, or the spouse is the primary caregiver for a disabled child.
Abuse in the Relationship
Although it’s unfortunate, many divorces include abusive couples. Abusers typically attempt to undermine the divorce process. Divorce may give relief, but it may also be challenging. An experienced divorce lawyer and the court’s assistance may help ensure that all assets are accounted for without the abusive party intervening in a contested divorce.
No Compromise and Unrealistic Expectations
If one spouse feels they are entitled to extreme conditions in their divorce, then a contested divorce is in their best interests. No family law issues can be handled if there is no willingness to compromise or negotiate. Divorce disputes take a long time, but they prevent a one-sided or unfair divorce settlement from being reached.
Divorces may be complicated, but it doesn’t mean they’re always bad. If one partner is abusive, unfaithful, or egotistic, a contested divorce may help protect the other spouse’s rights and money.