When it comes to the time of divorce, sometimes separating couples mutually agree on terms and conditions, but sometimes one or more problems can lead to a disagreement between the parties. Understanding what contested divorce is very important when ending the marriage and separating from your spouse.
Contested divorces are considered the most complicated form of divorce because the parties do not agree on one or more divorce-related issues in their case. Due to the complexity of this kind of divorce, it is essential to hire a Wisconsin divorce lawyer.
Everything you need to know about contested divorce
Contested divorces are of two types–mutual contested and regular contested divorce. In a mutual contested divorce, both the spouses do not agree on issues concerning the divorce like child support, alimony, division of property, etc.
In a regular contested divorce, one of the spouses does not agree on divorce issues, and the case ends up in court, involving the judge to make decisions for them. Whether it is a single issue or many issues, the court considers your divorce as “contested” if you do not agree on anything.
Reasons for contesting a divorce
Hiding of assets
It is one of the most common reasons spouses contest a divorce because of financial issues. When a spouse hides assets from the court, the judge will not be able to count on these properties and decide how much property to divide between the parties.
Abuse in the marriage
There are many cases of divorces where an individual is physically or mentally abusive to their partner. Divorcing and abusive partner can bring light to the dark time, but sometimes it can be challenging to proceed. Abusive partners often like to interfere with the divorce proceedings. Therefore it is important to hire a professional attorney.
Spousal support is always necessary for situations after a divorce, but also it is usual for spouses to disagree on it. In a contested divorce, the party asking for financial support should prove to the court that they gave up remarkable opportunities during the marriage.
Steps to file in a contested divorce
In a contested divorce, the parties have to go through some steps before receiving the divorce petition are mentioned below.
- Prepare, file, and deliver the petition.
- Replying to the petition
- Hiring an attorney
- Investigation and information collection for the divorce process
- Negotiations and settlements between the two parties
Documents required to file a contested divorce
There is a list of documents that you must present to file for divorce mentioned below.
- Address proof
- Marriage certificate
- Address of matrimonial home
- Photographs of marriage
- Evidence that the couple has been living separately for more than a year.
- Income tax statements