Contested Divorce

What is a Contested Divorce?

When spouses cannot agree on all of the terms of divorce, they inevitably have a contested divorce. This type of divorce involves disputes over key issues such as asset division, child custody, alimony, and more. Unlike an uncontested divorce, where both parties agree on all terms and can proceed relatively quickly, a contested divorce requires court intervention to resolve disputes. This often involves negotiations, mediation, and sometimes a trial, making the process longer, more stressful, and more expensive. Understanding what a contested divorce entails, the steps involved, and how to protect your interests can help you better navigate this difficult time.

Common Issues in a Contested Divorce


Disagreement on several key issues often lead to a contested divorce:


1. Division of Marital Assets and Debts

Disagreements over how to divide property, assets, and debts are among the most common causes of a contested divorce. This includes disputes over the family home, bank accounts, investments, retirement funds, and even personal belongings.

2. Child Custody and Visitation

Child custody and visitation rights are often the most emotionally charged issues in a contested divorce. Parents may disagree on who should have primary custody, how visitation should be structured, and decisions regarding the child’s upbringing, such as education, religion, and healthcare.

3. Child Support

Determining the amount of child support one parent should pay can lead to disputes, especially if there are disagreements about each parent’s income, the child’s needs, or the proposed custody arrangement.

4. Alimony (Spousal Support)

Alimony can be a contentious issue, particularly if one spouse believes they are entitled to support due to a significant disparity in income or earning capacity. Disputes can arise over the amount, duration, and conditions of alimony payments.

Preparing for Divorce


Divorce is a jarring experience that no one is actually ready for. But you can prepare yourself by doing several things:


1. Keep Emotion Out of It

  • As you continue to have disputes and conflicts with your spouse, keep it transactional so that you don't get overwhelmed with stress and any bitter feelings you may have. Let the attorneys handle communications about assets, debts, the home, children, and other matters that will be resolved.

2. Know Your Finances

  • It is important to start gathering records about your assets and debts so that you know what is at stake. The more you know about your and your spouse's finances, the better off you will be in making sure there is a fair division.

3. Budget for Legal Costs

  • Divorce can get expensive when there is a lot in dispute. Make sure that you have savings, investments, or other funds available to cover the costs. Factor in what you may acquire from the division of assets.

4. Co-Parent Amicably

  • Children suffer in high-conflict divorces with custody disputes. The better the co-parenting relationship is with your spouse, the better your children's emotional well-being.

5. Get Emotional Support

  • Don't go through divorce without having loved-ones to talk too. You may also consider a therapist who can help you process the different feelings that come up.


As life-changing and disruptive as divorce is, you can and should make sure that you prepare as much as you can to mitigate any negative impact on your life.  Contact us for legal support.

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