A contested divorce occurs when the two parties of the marriage are unable to come up with a divorce agreement on their own. This is often the most complex and stressful type of divorce, as you may end up going to trial and letting the judge make all of the decisions for you. While you can work with an attorney, like Lisa J Kleinberg, to try and make this agreement happen, you should be prepared to go to trial if the mediation process breaks down.
Division of Marital Property and Assets
Depending on the state in which you live, marital assets are either divided in half or they are distributed equitably. An equitable distribution of your property means that your marital property will be divided as to what is seen as fair to both parties. This means that if one of the parties has way more earning power or has a steady job, the other party may receive a higher percentage of the marital assets to compensate. It is always best for both parties to try and come up with an agreement as to how the marital property will be divided, or this will be left up to the judge and neither of you will have a say in what happens.
When Custody is a Factor
If you have children, a custody arrangement will need to be made. If both parties can't agree on when visitation with the children will occur, this decision will be left up to the judge. It's important to remember that both parents should be allowed active parenting time in the lives of their children, and if there are no protective concerns, both parties will likely share 50/50 custody. While custody in the past was often awarded to the mother, Divorcenet.com says those presumptions and laws have changed. Now courts focus on the best interest of the child and who is the primary caregiver.
Arguing about custody is only going to put your children in the middle of an already stressful situation. Try to come up with a custody arrangement that works for both parents, but more importantly that is in the best interest of the children involved.
If your divorce is going to trial because you can't come to an agreement, you need to be prepared with an attorney by your side. The other party will try everything to get what they want, and you will need to be ready to fight them effectively in court. Take the stress out of your contested divorce and meet with an attorney today.Share