There aren't many people that would dispute the fact that it is incredibly difficult and emotionally charged to come to the conclusion that you don't have the ability to work out the problems you have in your marriage. However, our Family Solicitors office knows the challenges around the situation might be made considerably worse if your partner chooses to contest the divorce.
The Divorce Process
Getting a divorce isn't easy for anybody. There will be significant emotional toll that will have to be paid by every person concerned. Each person will also need to contend with the expense of the process along with the length of time it's going to take to resolve things.
A divorce process typically begins with one legal representative drafting and sending a letter to the other partner indicating the wish to file for a divorce. A petition is then submitted to the court. In this and also the other papers submitted to the court, are the petitioner's suggestions for how they would like to manage the matters of child custody and the couple's finances.
After the spouse receives the petition for divorce, they must decide whether the conditions that have been outlined are satisfactory or not. The type of form they will file in response will depend on whether they accept the terms and conditions. Should they file an Answer form, indicating that they don't agree, your divorce process is going to be contested divorce. That usually means it can be more difficult and also cost considerably more to settle.
Why do Partners Contest Divorce?
Lots of people think that a divorce process can only be contested if one of the partners does not in fact want to get divorced. However, there are a number of different reasons which would cause a spouse to choose to contest the divorce process.
Any time one of the partners decides to contest the divorce process, it doesn't mean they wish to remain married. It simply suggests that they do not wish to simply accept the terms and conditions which were detailed in the original divorce papers that were submitted to the court. Child custody issues and alimony are the matters that are typically the reason for the divorce process to be contested. Various other matters include how to split up the couple's property and assets.
Very often people make an effort to get through their divorce process on their own, without resorting to a Family Lawyers. But if your divorce is contested, it's a lot harder to do this. It's now turned into a much more difficult legal process and you have to have somebody on your side who is mindful of the way the legal process works.
The Complications of a Contested Divorce
In a lot of cases, a "simple" divorce process when everybody agrees on the terms and conditions could be concluded within a year of the date it was initially submitted. However a contested divorce process usually takes a lot longer to complete.
It may not seem like it, but divorce is actually a legal process. Easy divorces are typically fairly straightforward to deal with, however, when it becomes contested, there's a great deal more legal aspects that are going to need to be handled.
A contested divorce also means that you are going to have to provide a lot more information and facts for the court. Amongst that information could be paperwork documenting the reasons why you want a divorce, or why you are contesting it. Financial particulars and information can be something that is frequently asked for and you may also be required to give the court documents concerning the conduct of your spouse and why it's relevant to the divorce.
If you haven't appointed a lawyer yet and your divorce process ends up being contested, you probably don't have a choice. It is crucial that you employ a solicitor to be sure everything is taken care of correctly.
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