A contested divorce may be the result of a couple’s inability to agree on the terms of the divorce. These conflicts can occur over every aspect, including property division, custody, support, and even spousal support. If you’re unable to come to an agreement with your spouse or partner in mediation or during a trial court proceeding then it is likely that your divorce will end up being “contested”.
In a contested divorce, a Wisconsin alimony lawyer will represent his or her client as the case is decided by a judge. The court will make all decisions in the contested divorce including property division, custody, and spousal support. Contested divorces are usually chosen when couples fail to reach an agreement on certain decisions.
There are a few ways a case may become contested. First, the couple may fail to agree on child custody. However, if either spouse wishes to seek sole custody or if any other disputes arise regarding custody, the divorce becomes contested. Second, if there is a dispute over asset division or spousal support, the divorce becomes contested. A divorce may also become contested if one spouse is seeking alimony or if one spouse chooses not to pay support.
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How is Contested Divorce Different from Uncontested Divorce?
The main difference between a contested divorce and an uncontested divorce is the rivalry and conflict between spouses. Instead of agreeing to many rules regarding child custody, asset division, and spousal support, there are many issues that arise in contested divorces. For example, if one spouse wishes to suppress evidence or if one spouse wishes to delay the start of a trial; then all of these decisions become contested.
A contested divorce can also be different from an uncontested divorce because it may include more paperwork. If there are disagreements over custody and or property division, the court will use documents such as affidavits and orders to get its decisions made. This extra paperwork makes it more difficult for the court to arrive at a decision before the trial date.
Although some issues that arise in a contested divorce may be easy to settle, others may be long and stressful. However, you should remember that the end result is never determined until the judge makes a decision. Since there is so much at stake, it’s important to have a family law attorney fighting on your side.