The possibility that a divorce will be contested is a problem that many people fear as they move forward with the process. While the no-fault structure has become the dominant choice throughout the United States, there are still situations where at least one party might take issue with some part of the termination of a marriage. Before you visit a contested divorce lawyer, think about these four scenarios where a dispute might ensue.
One Partner Fails to Respond
In most no-fault states, both parties have to consent to the process in order to avoid a contest. If one partner is served papers and fails to respond, there is a risk that the court will begin a contested process in order to sort out any potential issues. Every state has a statutory time, typically between 20 and 60 days, before failure to respond can be invoked as a reason for a contested divorce.
Some states offer non-consenting, no-contest divorces if the two parties have been separated for a certain amount of time, usually one year. This, however, is not considered the same as a no-fault divorce, where both partners agree that neither was responsible. You'll also have to work with your divorce attorney to file the necessary paperwork proving that you've been living separately.
Issues Involving Children
One of the biggest sources of contested divorces is when parties can't agree on matters involving their children. While we tend to assume disputes over custody and support are the most likely reason for a contested case, there can be more nuanced problems, too. For example, if one partner intends to live in a different state following the end of the marriage, the other one may file to keep that from happening.
Dividing Property and Liabilities
Fighting over marital assets is an issue that has kept many a divorce lawyer in business. Contests can ensue if there are questions about when assets were acquired, whether a marriage contract covers them and even if someone appears to be hiding assets. There may also be concerns about who'll have to pay off debts from the marriage.
Spousal Support
Divorce attorney services firms are often brought in to handle contested cases involving spousal support. There's more to the question that just who made more during the marriage. For example, if one partner worked while the other got their education, they may be entitled to increased support payments.
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