Divorce is often an inherently challenging and difficult process for both parties. While parting ways with a spouse is never easy, couples that can agree on the terms of their divorce will typically walk away from their marriage with less stress and expense compared to those who cannot.
Where couples find themselves disagreeing on key terms of their divorce such as division of the marital assets or custody of their children, their divorce becomes contested and the law courts will need to intervene to determine these issues on their behalf.
While contested divorces can result in bitter legal battles and ongoing hostility between the parties, litigation is sometimes necessary to finalize the terms of a divorce. In this article, we will examine common reasons one or both parties may choose to contest their divorce rather than settle out of court.
Unfair Settlement Offer
One party may decide to contest their divorce when they feel their spouse is making unreasonable demands or refusing to compromise on key areas. Rather than agree to terms that will disadvantage them in the immediate or long term, this party may elect for the courts to decide these matters for them.
This may arise where one spouse tries to exert control over the other or has access to resources or documentation that the other does not. This can make it difficult for the other party to negotiate effectively and reach a fair outcome, leaving them no choice but to resolve matters judicially.
Grounds for Divorce
All states in the U.S. allow no-fault divorce for reasons including irreconcilable differences, incompatibility and irretrievable breakdown of the marriage. However, in some cases, a spouse may file for divorce alleging their spouse did something to cause the end of their marriage. As proof of fault will be required, it is advisable for the filing party to contact an experienced divorce attorney in this situation.
Grounds for pursuing a ‘fault-based divorce’ include things like adultery, desertion, and cruelty by the other party and if proven, can result in increased spousal support or alimony, a greater share of marital assets or other improved outcomes for the affected party. To avoid the potential ramifications of being found at fault (and the resulting legal and financial consequences), the other party is likely to contest the divorce.
Concealment of Assets
Where one party suspects the other is concealing assets from them in an attempt to gain an unfair advantage in the divorce, they may decide to contest the divorce. This is often the case where one party has greater access to financial information and resources, or had exclusive oversight of these matters during the course of the marriage, enabling them to hide or undervalue assets.
By involving the courts, all financial matters will have to be disclosed at the risk of perjury charges, or legal penalties being incurred if full disclosure is not made. This process can help ensure a more honest and fair distribution of assets between the two parties.
If you are unsure whether to contest your divorce, it is advisable to speak to an experienced divorce attorney who can assess your case and help you reach an outcome that is best for you and your long term interests.
