Why Contest Your Divorce?
One should think very carefully before contesting a divorce. A great deal of time and stress can be involved in your battle over divorce conditions. However, there are times when it can be the only possible course of action. It is not surprising that most contested divorces involve children and/or financial issues. In the case of children, the dispute is likely to be related to custody or visitation. Financial issues tend to involve child support, alimony and division of assets and family debt.
Drawbacks to Contesting a Divorce
Some significant drawbacks to contesting a divorce are worth noting. The cost of a contested divorce tends to be significantly higher than an uncontested divorce. One will need to weigh the benefits that can be gained from contesting the divorce versus the cost. If divorce contestation is on financial grounds, it is prudent to ensure that the amount that will be saved is greater than or equal to the legal cost. A person considering contesting their divorce will also need to weigh whether or not the stress of the exercise is worth it. Merely contesting a divorce is no guarantee that you will succeed in altering any conditions but it is a chance that is sometimes worth taking.
Child Custody or Visitation Issues
“Contesting a divorce” based on child visitation or custody issues also requires some careful consideration. It is widely accepted that difficult divorces can cause significant stress in children. This tends to be evidenced in their behavior and has been linked to poor performance at school. In most cases, it is in your children’s best interests to exercise a little flexibility concerning these issues. There are, however, legitimate reasons that a parent might have for contesting custody or visitation rights. In the case that a spouse believes that the children will be at risk of abusive behavior or neglect or if they do not believe that the other spouse would make a suitable parent it is worth contesting a divorce.
In some cases, the custodial spouse may feel that the amount of child support involved is unfair. Child support involves a significant financial burden and can hamper employment opportunities. It is quite reasonable to expect an amount of child support that will raise your child or children in the manner to which they have become accustomed. Conversely, the non-custodial spouse may be unable to afford the amount of child support that is claimed. It may place an excessive financial burden upon them that is not possible meet. Either spouse would be well advised to contest the conditions of their divorce.
Division of Assets
The division of assets is commonly contested for similar reasons. If the marriage has been relatively short or the bulk of the assets were accrued by one spouse prior to the marriage, it is reasonable for them to try to protect what they have earned. Likewise, the other spouse is likely to feel that their input into the marriage has earned them an entitlement to a greater share of the assets than his or her spouse believes is reasonable.
Family debts are usually divided along with the assets. Often it is possible to repay debts with the sale of joint assets but not always. Unpaid taxes are also the responsibility of both spouses. However, if one spouse was uninvolved in financial decisions and unaware of unpaid taxes or the unpaid taxes were the result of tax evasion or fraud, they will generally not be required to pay. Most situations relating to family debts are familiar to experienced family law attorneys. An attorney will be able to give you a clear picture of whether or not you have grounds for contesting this condition of your divorce.
Family Law Attorneys Handle Divorce Contesting Best
The common thread in each of these situations is that one or both spouses feel that the conditions of the divorce are unfair. It can be a costly and time consuming process to come to a final agreement. Some compromise is generally required by each spouse in order to reach an agreement. It is not always achieved simply, however and may require a certain amount of time in a family court to reach a decision.
If you are in a position where you wish to contest a divorce then it is best to speak to a family law attorney. A family law attorney will be able to discuss the situation with you and give a fair and educated assessment of what they believe your chances are likely to be. They will explain the standard of proof that is necessary for the grounds on which you are considering contesting your divorce. A good “family law attorney” will not only help you to contest your divorce, they will be a source of moral support, an unquestioning ally in what can be quite a difficult and exhausting battle. They will let you know exactly what is involved and can provide reliable advice.
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