There aren't many individuals that would dispute the reality that it is very difficult and emotionally charged to come to the decision that you don't have the ability to reconcile the issues you have in your relationship. Nevertheless, our Family Law Solicitors office knows the challenges around the situation could be made considerably worse if your partner chooses to challenge the divorce.
What the Divorce Process Involves
Getting divorced is not easy for anyone. There's a sizeable emotional toll which will need to be paid by everybody involved. Each person will also need to deal with the expense of the process as well as the length of time it will take to conclude matters.
The divorce process typically starts with one solicitor drafting and sending a formal letter to the other spouse specifying the plan to file for a divorce. A petition will then be submitted to the court. In this and the various other documents sent to the court, are the petitioner's proposals for the way in which they wish to tackle the matters of custody and also the couple's finances.
After the husband or wife receives the petition for divorce, they have to decide whether the terms that have been detailed are satisfactory or not. The kind of form they will submit in reply is determined by whether they are in agreement with the terms. Should they submit an Answer form, indicating they do not agree, your divorce is going to be contested divorce. That generally means it can be more complicated and cost a lot more to settle.
Why do Partners Contest Divorce?
Lots of people assume that a divorce can only be contested if one of the spouses doesn't in fact want to be divorced. However, there are actually a good number of different reasons that could cause a husband or wife to choose to contest the divorce.
When one of the spouses chooses to contest the divorce, that doesn't mean they wish to stay married. It just indicates that they don't want to simply accept the terms which were outlined in the initial divorce papers that were submitted to the court. Child custody challenges and spousal support tend to be the matters which are generally the cause of the divorce to be contested. Additional matters include the best way to split up the couple's assets.
Very often individuals attempt to make it through their divorce process on their own, without employing a Family Law Solicitor. But if your divorce is contested, it's a lot more difficult to do this. It has now turned into a much more difficult legal process and you've got to have somebody in your corner who is aware of the way the legal process works.
Contested Divorces are More Complicated
In most instances, an "easy" divorce where everyone agrees with the terms could very well be completed in a year of when it was originally submitted. But a contested divorce usually takes much longer to complete.
It might not seem like it, but divorce is actually a legal process. Uncomplicated divorces tend to be quite straightforward to manage, however, if it is contested, there's a lot more legal aspects which will need to be handled.
A contested divorce means that you are going to need to put together much more information for the court. Amongst that information could be forms outlining the key reasons why you want a divorce, or the reason you're contesting it. Personal financial details and information is something which is regularly asked for and you might also be required to give the court documents concerning the behaviuor of your husband or wife and the reasons why it happens to be relevant to the divorce.
If you've not hired a lawyer yet and your divorce ends up being contested, you really don't have much choice. It is important that you hire a legal professional to make certain every detail is taken care of in the right way.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment