While many divorces end on amicable terms, often through mediation, this isn’t the case for everyone. Sometimes, fighting for what’s fair and receiving the best possible outcome for all parties involved means going to court. This is called a contested divorce, and while that process might sound intense, it can often be your best move.
No two divorce proceedings are the same, but if you’re considering ending your marriage and want to protect your rights, here are 6 reasons why taking the contested divorce path might be what you and your family need.
You Might Need To Consider a Contested Divorce If …
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Mediation Breaks Down
Mediation has a very high success rate. That said, it’s not for everyone. In fact, many divorces that start down the path of mediation often break down and end up being decided in a courtroom. If you or your spouse refuse to compromise on key issues such as child custody and property division, there may be no point in prolonging the frustration or the cost of mediation. At this point, a contested divorce might be the preferred next step.
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Litigation Follows a Systematic Approach
Litigation uses clear rules and procedures to resolve issues in an organized way. While that means you will have to go to court and potentially deal with a lengthy, costly, and drawn-out divorce, it may be exactly what you need if you prefer courtroom structure to resolve conflict.
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A Judge Making the Final Decision
As much as you appreciate a qualified mediator’s hard work, they are merely there to be a neutral third party facilitating amicable conversations between divorcing spouses and a fair resolution. They cannot force anyone to make decisions and do not hand down final rulings. That is the job of a judge. In a contested divorce, a judge focused on making fair and equitable decisions issues a final decree after hearing arguments from both sides.
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A Formal Discovery Phase
During litigation, there’s a discovery phase where spouses must share financial and personal information. If you’re worried about your spouse hiding assets, the discovery phase with contested divorce gives each side a clear view of all pertinent details and will support fair asset division and informed decisions.
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A Formal Appeals Process
After a contested divorce is finalized, either spouse can appeal the decree if they feel the decision was unfair or legally incorrect. This adds an extra layer of recourse that the less formal processes don’t offer.
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Courts prioritize children
A contested divorce allows you to bring any parental rights and custody concerns to light. In reality, some cases require aggressive advocacy where the court must deliver a righteous blow of justice. Especially when children are involved, it’s important to develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls largely on the innocent and impressionable children of divorce.
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