How is Contested Divorce Explained?
If you are a separated couple that can’t agree on some of the significant aspects of your divorce, you may need to file for a contested divorce.
In a contested divorce, a judge will make the final decisions regarding matters such as the division of assets, spousal support, and child custody. In some cases, the spouses might even have to go to trial.
Issues that are contested in a divorce
Contested divorces can be very stressful and costly. They also take longer and may involve several additional pleadings.
A contested divorce like the contested divorce Tampa involves a couple who cannot agree on dividing property, spousal support/alimony, child custody, and visitation. In some cases, a contested divorce can be settled through mediation.
During the divorce process, spouses usually hire attorneys. They spend months negotiating and gathering evidence.
Once a case has been filed, it’s typically scheduled for a trial, which can take several days to weeks. The judge then makes the final decisions about each issue involved in the divorce.
If you’re considering a contested divorce, it’s best to know what issues to expect and what options are available. You can also minimize conflict and save on attorney fees by gathering all the information necessary for a settlement agreement.
Child custody and visitation
When a couple file for divorce, they need to address various issues. These can include the division of property and assets, child custody/visitation, and payment of spousal support.
The court will decide what custody arrangement is in the children’s best interest. This involves considering each parent’s lifestyle, stability, and ability to provide a good home environment for the kids.
Supervised visitation is often ordered when the noncustodial parent is a risk to the children’s safety. This means that you, another adult, or a professional agency must supervise visits between the parent and child.
Supervised visitation is not always permanent, so a judge may place conditions on it to ensure the safety of the children and the noncustodial parent. For instance, if one parent has a history of violence against another, a judge might limit the amount of time the noncustodial parent spends with the child.
Alimony and spousal support
Alimony and spousal support are legal terms that describe the financial assistance provided to one spouse by the other after a divorce. They are similar in function, but many jurisdictions prefer spousal support to remove gender connotations and ensure consistency in language between courts.
In most cases, alimony is meant to equalize the standard of living between two spouses. This is particularly true when one partner’s earning capacity has been significantly reduced during the marriage.
However, alimony does not always have to be awarded in every divorce. Some states limit or deny alimony in some circumstances.
Most spousal support is short-term or rehabilitative, designed to allow the dependent spouse time to obtain an education, training, or work experience to become self-supporting. In addition, many states permit durational alimony, where payments are made for a specific amount of time.
Property division
Property division is one of the most contested issues in a divorce. If both of you cannot agree on this issue, you may need to take your case to trial.
New York is an “equitable distribution” state, meaning that the courts divide assets fairly during a divorce. This does not mean that the assets are automatically split 50/50, however.
The court will look at several factors when determining how to divide marital assets and debt during a divorce, including how each spouse contributed to the marriage, any loss of pension rights, and health insurance or maintenance awards.
Marital property includes everything the two parties owned together during the marriage, whether purchased by them or acquired through inheritance. Separate property, on the other hand, is anything that one party holds before getting married or that the other partner adds to with their resources.
