4 reasons why you should get a contested divorce

Divorce is not always contentious, and couples frequently decide to part on good terms. In these cases, it seems reasonable to pursue an uncontested divorce, since both parties agree on all matters relating to child custody, maintenance and the division of assets. However, regardless of whether or not you and your spouse agree on the terms of your separation, there are still several reasons why you should get a contested divorce.

What is contested divorce?

A contested divorce means that at least one of the spouses challenges one or more of the terms of the separation. In cases when the partners agree on all terms, they generally choose to co-file for divorce, which is generally faster and less expensive, although it can also make the process unexpectedly complicated. 

Reasons to get a contested divorce

It is not necessarily a bad thing to have a contested divorce. In some cases, it is the only way to go. Even when the spouses agree, it can be worthwhile to follow the contested route. 

To prevent the concealment of assets

In some divorce cases, one or both spouses may seek to conceal some of their assets so that they are not taken into account when the judge decides on the division of property, spousal maintenance and child support. Contested divorces are usually litigated, which means that both partners can and must identify all assets in question, resulting in a more accurate and equitable division of assets.

For the children’s best interests

Child maintenance and support are often the biggest points of contention between divorcing spouses. With each party pressing their particular point of view on the matter, it is necessary to contest the matter and leave it to the courts to make the final decision.

To achieve a more equitable settlement

In many divorces, one spouse tends to be more stubborn and uncompromising. If one partner persists in the belief that they are entitled to terms that the other deems unreasonable, the only option is to litigate, allowing a judge to have the final say and ensure that the final agreement is not one-sided.

It makes the divorce process easier

When couples agree on all the terms of their divorce, they usually file a joint application. The problem with joint applications is that they tend to make the process unexpectedly complicated. It is actually much easier for one of the spouses to apply as a sole applicant. The other spouse will then be served with the divorce papers and, since they agree with all of the divorce terms, they can simply sign the papers and move the process forward. For this reason, a contested divorce is a better procedure, even for couples that do not disagree.

Divorce is a difficult experience, but the process of getting divorced does not have to be. The process can be smooth, civilized and guided by the law, rather than driven by emotion. Not only can you conclude an uncontested divorce without conflict and emotional turmoil, but you can also complete the divorce process quickly and efficiently, with the help of SplitEasy. SplitEasy helps make the process of divorce easier by providing the completed divorce documents you will need, whether you are doing it yourself, or taking the case to court. Contact us for more information.