Everybody who is going through a divorce often wants the process to be as smooth and as fast as possible. After all, divorce can be very overwhelming and challenging, and the last thing you want is for it to drag more than necessary.
However, the divorce process might not always go your way. It could be a contested one. A contested divorce occurs when both parties cannot agree on many issues, such as child custody, division of assets and liabilities, properties, child support, etc.
To avoid a contested divorce, you must understand the factors that contribute to it. In this article, we discuss the top factors that often lead to a contested divorce. Let’s explore them.
Division of marital assets and debts
One of the most common factors that contribute to a contested divorce is the division of marital assets and debts. Conflict arises from disagreements over the fair distribution of assets and debts accumulated during marriage, including real estate, financial assets, personal property, and debts.
There may be disagreements on the value of some assets as well as whether they are regarded as separate or marital property. Disputes can get more heated when they involve companies, investments, or expensive goods. Couples might have to rely on the court to make these decisions in the absence of an agreement, which could result in a contentious divorce.
Disagreements over child custody and visitation
Determining child custody and visitation rights can also result in a contentious divorce if the parents disagree over it. Because this is an emotionally charged issue, parents may end up having strong, differing opinions, and emotions can run high when discussing custody arrangements.
Of course, these disagreements can result in a contested divorce if parents can’t find common ground. Courts prioritize what is best for the child, but resolving can take time if parents are not willing to compromise.
Alimony or spousal support
Spousal support, or alimony, is a crucial component in divorce cases. It provides financial assistance to the lower-earning spouse to maintain a similar standard of living post-divorce.
Various factors play a role in determining the amount as well as the duration of alimony, including the length of the marriage, the lifestyle established during the marriage, and each spouse’s financial needs and earning potential.
The proposed amount for spousal support may be perceived as unfair by the paying spouse, leading to disputes and potential contested divorce.
Prenuptial or postnuptial agreements
Prenuptial and postnuptial agreements occasionally have the opposite effect of their intended purpose, which is to streamline the divorce process by deciding in advance how assets will be shared. One spouse may contest the agreement in court if they feel it is unjust, was signed under duress, or is illegal. A relatively simple divorce may become contentious and necessitate legal action due to disagreements over the enforceability of these agreements.
Lack of effective communication
Critical issues in contested divorces often stem from ineffective communication, leading to standstill on essential concerns and expectations. Poor communication and unwillingness to engage in open dialogue can stem from long-standing marital conflicts, distrust, and resentment between spouses, leading to legal battles and divorce delays.
Final thoughts
It’s no secret that contested divorce can be not only stressful but costly, too. By understanding the common factors that contribute to contested divorce, couples can easily avoid them and make their divorce smooth and fast.
