Many people find themselves in the position of having to divorce their partner. People who may not afford a lawyer and courts, or those who can’t stand living together any longer, sometimes decide they would instead sign the divorce papers than continue with what is an unworkable arrangement. But what happens when your partner refuses to sign the divorce papers? It becomes a contested divorce. You can consult an Andover Divorce Lawyer to help you get through the long and tiring process of such divorce.
Contested divorce
A contested divorce is when one spouse will not agree to the divorce terms and negotiate with the other spouse. Sometimes contested divorces are due to one or both spouses being against how child custody or finances are handled. Other times, there are disagreements about how to even get a divorce. Either way, this can lead to a lengthy litigation process, which can be costly for everyone involved.
What should you do when it is a contested divorce?
- Communication: The first step to dealing with a contested divorce is communication. It may be challenging to have a civil conversation with someone you have been fighting with, but it is essential. Sit down and talk about what both you and your spouse need from the divorce. You also may want to see if there is a way you can negotiate so that both of your needs are being met.
- Mediation: When communication does not seem possible, mediation may be the next best option for going through a divorce without going into a very long and expensive contested divorce. Often this might mean mediating child custody, property division, or other issues that, if not appropriately negotiated, could lead to litigation later on down the road.
- Family Court: Unfortunately, mediation does not work out for everyone. Sometimes you cannot agree on child custody or the property division. This is where Family Court comes in. Many court options depend on what your state allows you to do if mediation fails.
Most people choose to have a lawyer represent them in divorce to avoid any confusion during the process. Having a lawyer present could help you with negotiations that may occur between you and your spouse and help prepare your case if it goes to family court.
In a contested divorce, it is essential to try and negotiate for what you feel is fair regarding the issues that are important to you in your divorce.
