Going through a divorce is a life-altering event and can take a toll on both individuals. However, when there are significant points of disagreement between the parties during the proceedings, an already tense situation can degenerate into a contested divorce.
If you are currently facing a contested divorce proceeding, a Henrico County contested divorce lawyer could guide you through the process, advocate for your rights, and work with you to ensure a fair and just outcome. The divorce attorneys at The Capital Family & Divorce Law Group are committed to helping individuals going through divorce achieve good results that protect their future and ensure stability.
What Are Some Key Issues in Contested Divorce Proceedings?
A divorce case becomes contested when both couples are unable to reach an agreement on crucial issues. This can result in prolonged divorce proceedings, costlier legal fees, and unnecessary emotional distress. Henrico County attorneys often see the following issues contribute to contested divorce cases:
- Child custody: Disputes arising from both parties being unable to agree on who gets physical or legal custody of the children
- Property or asset division: When both spouses cannot find a middle ground or compromise on who gets what property, money, or high-value collectibles such as art and antique cars
- Child support: When both individuals are unable to reach an agreement on what to pay and who will pay for the continued maintenance of their child’s established standard of living
- Spousal support: When the financially well-off partner does not want to pay the lower-earning partner spousal maintenance for however long they need it
- Temporary or final orders: When the parties are unable to decide on who gets the kids and who stays in the house during the divorce proceedings
- Lack of transparency in financial disclosures: Can be an issue when either party decides to hide some of their assets and properties
As a result, the case often has to go to court, where a judge will make the decisions for both individuals. Once the judge rules on the matter, it becomes binding even when one or both parties are unsatisfied with the ruling.
However, before the court makes its pronouncements, judges are typically open to helping both parties explore ways to resolve their differences, including the use of alternative dispute resolution tools such as mediation. The purpose of mediation is to get both parties to sit down and discuss details of their agreements while a neutral facilitator, the mediator, is present.
Common Grounds for a Contested Divorce
Some contested divorce cases are merely a reflection of the emotional state of a hurt partner. A spouse may refuse to cooperate with the offending spouse due to their actions. When they file for divorce, they do so on fault-based grounds, such as:
- Marital infidelity
- Physical cruelty
- Domestic violence and abuse
- Separation for over a year
- Desertion, where one partner abandoned the other
The court would not simply believe the petitioner without evidence. They must prove their allegations clearly and with ample evidence. A contested divorce attorney in Henrico County could help the filer prepare their case and present it before the court.
Speak With a Henrico County Attorney About a Contested Divorce
When a marital dissolution case becomes contested, it can become extremely contentious and bitter. However, emotions are not enough reason for a fair outcome. You need skilled legal advocacy.
At The Capital Family & Divorce Law Group of Price Benowitz, LLP, a Henrico County contested divorce lawyer could work with you, representing your interests throughout the process. Call today to discuss your case.
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