Is It Worth Contesting a Divorce?

A contested divorce occurs when issues such as property division, parenting matters, or support payments are disputed. Unlike uncontested divorces, which are smoother and less expensive, contested divorces can be lengthy, involve multiple court sessions, and incur higher legal fees.

A contested divorce happens when one or both spouses disagree on key terms like parenting matters, asset division, or spousal support. This disagreement leads to court involvement because the parties cannot settle differences on their own. Each spouse might hire legal counsel to negotiate and advocate for their interests, potentially leading to a trial if no agreement is reached.

Contested divorces typically involve several legal steps, including mediation or court hearings, before reaching a resolution.

 

Differences Between Contested and Uncontested Divorce

Contested Divorce:

• Disputes require court intervention.
• Usually involves long procedures and higher costs.
• Spouses often need lawyers to help with negotiations.

Uncontested Divorce:

• Both parties agree on all terms.
• Resolves faster and costs less.
• Minimal court involvement typically needed.

Contested divorces are more common when parties cannot put aside their differences to reach a resolution, or one party (or both parties) take positions without becoming properly informed.. Conversely, uncontested divorces are ideal for those who can compromise amicably on all divorce terms without heavy legal intervention.

 

Reasons to Contest a Divorce

Contesting a divorce can be a challenging decision. Understandably, certain issues like allegations of abuse, disagreements on child decision making (formerly known as child custody), and financial disputes, might prompt someone to oppose a mutual agreement in divorce proceedings.

 

Allegations of Spousal Abuse

In situations where one spouse alleges abuse, it can significantly impact divorce proceedings, especially concerning custody arrangements and protection orders. Contesting may be necessary to ensure protection and a proper resolution.

 

Disagreement on Parenting Arrangements

When it comes to parenting arrangements, disagreements can arise over when the child(ren) will spend time with each parent, who is responsible for taking the child(ren) to appointments, or who makes big decisions for the child(ren).

Disagreements over parenting arrangements are resolved by focussing on the best interests of the child(ren). Sometimes parents need the direction of the Court to focus on the best interests of the child(ren), particularly if one, or both, are misguided about what this means or looks like.

 

Disputes Over Asset Division

Asset division can become a point of contention during a divorce. Couples may have differing opinions about how to split property, investments, or debts. When spouses can’t agree on dividing assets, contesting the divorce might be the only option.

This can also be a problem when one spouse fails to honestly disclose their assets. The court is the only tool available to force parties to disclose. Without proper disclosure it’s impossible to determine what constitutes matrimonial property, and how it should be divided.

Suspected Concealment of Assets

In some cases, a spouse might suspect that their partner is hiding assets. Contesting a divorce can sometimes help uncover any concealed financial resources.

To ensure a fair division of marital assets, it’s crucial to conduct a comprehensive investigation. Legal avenues involving discovery processes can be used to trace hidden funds or property. 

Spousal Support Issues

Contesting a divorce due to disagreements over spousal support is common. Disputes may arise regarding entitlement or the obligation to pay,  the amount, or duration of support.

Factors influencing spousal support include the length of the marriage, each spouse’s earning capacity, and their standard of living during the marriage. A contested divorce allows for a detailed assessment to ensure the judge considers all relevant factors in determining fair support. 

 

The Impact of a Contested Divorce

Emotional Stress for Both Parties

Contested divorces often lead to high emotional tension for everyone involved. These disputes may lead to repeated court appearances, causing anxiety and tension. Children are also affected, as they might witness parental conflict more directly.

The emotional toll can impact mental health. Constant worry and conflict may lead to feelings of frustration, anger, and sadness. This stress can affect daily routines, work, and overall quality of life.

 

Longer Divorce Process

A contested divorce can extend the timeline significantly compared to an uncontested one. The negotiation process is often lengthy due to disagreements over key issues.

When parties cannot reach an agreement, the case may go to trial. Trials also require a LOT of preparation, which adds more time to the process. Court schedules and legal procedures can further prolong the divorce timeline. On average, contested divorces may last anywhere from 18 months to 3 years.

The longer the process, the more stressful it becomes. Extended court battles can wear both parties down mentally and financially. 

 

Increased Legal Expenses

Contesting a divorce leads to higher legal costs. Lawyer fees can be significant due to the need for extensive legal representation. Hourly rates for attorneys often range widely and depend on the complexity of the case. It’s common for contested divorces to cost substantially more than uncontested ones.