Basically, there are two ways of terminating a marriage. Those two options include an uncontested and a contested divorce. Uncontested divorces take place in Mississauga when spouses mutually agree on matters of dispute. Moreover, a divorce lawyer in Mississauga usually favours an uncontested divorce. An uncontested divorce is an amenable way of terminating a marriage, plus it isn’t costly, unlike a contested divorce. Nevertheless, there are some situations when a divorce attorney may recommend a contested divorce.
Contested divorces can take place when spouses have severe disagreements on one or more issues. Spouses who decide to choose a hostile way of terminating their marriages should understand the meaning of a contested divorce. Before we share with you the possible reasons for a lawyer to recommend a contested divorce, we shall like to clarify to you the difference between a contested and uncontested divorce.
Contested Divorce vs. Uncontested Divorce
A contested divorce involves disputes between spouses on one or more issues. On the other hand, an uncontested divorce results when spouses agree on all terms related to divorce. Uncontested divorces process more quickly as they are amenable. Contested divorces can take years to settle and require spouses to appear in court for hearings. Despite many drawbacks of a contested divorce, contested divorces become essential to proceed. A contested divorce is right for spouses with unfaithful or narcissistic spouses. In addition, contested divorces can also ensure the protection of the rights of a party alongside finances.
Reasons to Choose a Contested Divorce
Contested divorces can involve anything that becomes a point of dispute between divorcing parties. One of the spouses in a hostile divorce can suffer difficulty in splitting finances, house, etc. Moreover, there are more than a few reasons that can convince a lawyer to favour a contested divorce. Here they are:
When One of the Spouses Is Unfair about Assets:
It is quite common for spouses to hide things from each other while they live married life. Things that spouses may hide include financial items, too. A judge in a court cannot evaluate the value of items if one of the spouses conceals it. In addition, those assets may also have an impact on the determination of spousal support. Due to the litigation of a contested divorce, both spouses in a divorce can access tools to disclose hidden assets. It is also where a contested divorce also becomes the right option to terminate a marriage.
If Parents Disagree to Come up with a Co-Parenting Plan:
A contested divorce also becomes a need when parents disagree on co-parenting arrangements. In such a case, a contested divorce becomes essential to get a court ruling on parenting time and decision-making responsibility. It is because a judge has to make a decision that best serves the interests of children in a divorce. Factors to consider in this scenario can include the emotional plus physical needs of the children.
When Alimony Becomes Necessary:
In many situations that follow a divorce, spousal support becomes necessary. In addition, it is common for spouses to disagree on the matter of spousal support. When spouses disagree, a contested divorce may take place where a spouse seeking support or alimony will need to prove when she/he gave up meaningful opportunities during the marriage. A judge can also approve a request for alimony based on valid reasons. For example, a judge may approve it after knowing one of the spouses suffers an impairment.
When One of the Spouses Is Abusive:
There are many divorces that took place in the past when one of the spouses was psychologically or physically abusive. If you also have an abusive spouse, a divorce lawyer in Mississauga will recommend a contested divorce. Besides, it is highly likely for an abusive spouse to interfere with divorce proceedings. For the same reason, hiring an experienced and highly reputable attorney also becomes important in such a scenario. It ensures all items in a divorce are taken into account without interference from the abusive spouse.
If One of the Spouses Doesn’t Want to Compromise:
It is another scenario for a divorce lawyer to recommend an uncontested divorce. If one of the spouses assumes he/she is eligible for unreasonable terms, a contested divorce becomes a need. Moreover, it is also impossible to settle family-law-related issues when spouses in divorce don’t agree on terms. Nevertheless, a highly experienced divorce lawyer, like one from Divorce Fast, can help spouses settle such disputes. If the spouse doesn’t find any reason to come to settlement terms, a contested divorce becomes necessary.
Conclusion
To finish, a divorce lawyer in Mississauga may recommend a contested divorce in the following scenarios:
- When One of the Spouses Is Unfair about Assets
- If Parents Disagree to Come up with a Co-Parenting Plan
- When Alimony Becomes Necessary
- When One of the Spouses Is Abusive
- If One of the Spouses Doesn’t Want to Compromise