Common Causes of Contested Divorces
One way you go through a contested divorce with favorable outcomes is by finding an experienced and trusted family law firm to work with.
Contested vs. Uncontested Divorces
One of the most significant factors that can determine how long your divorce takes is whether it becomes a contested or uncontested divorce. A contested divorce simply means that there are one or more issues that both parties cannot come to an agreement on. In more extreme circumstances, there may be multiple areas of disagreement.
Matters of property division and child custody are understandably emotional and very personal issues. Contested divorces are more likely to take longer to finalize, and the arguments that arise can be emotionally taxing on both the children and parents. One job of a family law attorney is to find common ground with the other party so the divorce can be finalized and both parties can move on with their lives.
Uncontested divorces are more common than you may think. While the stereotype of a heated divorce remains a reality in many cases, there are also spouses who understand the benefits of co-parenting and fairly splitting assets and property. Uncontested divorces tend to be less stressful for the parties involved and ultimately better for the children as well.
Common Causes of Contested Divorces
The most common cause of a contested divorce is the unwillingness of at least one party to put a good-faith effort into divorce. In California, neither party is required to prove fault when filing for divorce, and it only takes one party to initiate a divorce. Once one party has decided to dissolve the marriage, the courts will honor that request even when the other party refuses to participate in the divorce process.
The reason one party may refuse to participate could be due to denial on the part of the uncooperative spouse. Denial will not end the divorce process, but it can greatly slow it down.
Another common cause of a contested divorce is the refusal by one parent to acknowledge that the other parent will have court-enforced child custody orders after the divorce. California’s divorce courts presume that co-parenting is in the best interest of children. When one or both parents refuse to agree to allot visitation time with the other parent, that can create a contested divorce.
Tips for Dealing With an Unreasonable Spouse
While there is little the courts can do to change the attitudes and behaviors of spouses going through a divorce, there are remedies for resolving disagreements. One is mediation. Mediators are neutral third parties who have professional training in how to resolve high-conflict situations. Any agreement that both parties can come to during mediation will move the ball forward when it comes to finalizing a divorce.
Another resource is your family law attorney. Your lawyer can work with opposing counsel to find solutions to areas of disagreement. Experienced family law attorneys have seen many high-conflict divorces and can come up with novel ways of settling disputes.
Ultimately, a judge may have to decide matters of child custody and asset division when both parties cannot agree. If your spouse is uncooperative, that could ultimately work against them.
FAQs
Q: Are All Divorces Contested in California?
A: Not all divorces are contested in California. When two spouses can work together to resolve their disagreements, the divorce can be finalized considerably sooner than when they fight it out in court. This does not mean that the process will be easy, but both sides can ultimately save time and money by working to build consensus on issues like child support, asset division, and child custody.
Q: What Can I Do to Prevent a Contested Divorce?
A: There is little you can do to prevent a contested divorce because it is not possible to control the behavior and actions of other people. You can improve the chances that your divorce will not be contested by remaining polite and civil when communicating with your spouse and hiring a family law attorney who understands how to resolve disputes amicably. Your family law attorney can develop a strategy that moves the case forward even when the other side is uncooperative.
Q: Do Contested Divorces Take Longer to Settle?
A: Contested divorces usually take longer to settle. This is because the courts will want to see that both parties have come to agreements on important matters. When both parties cannot come to an agreement, that usually creates the need for additional hearings. Ultimately, a judge may have to decide on any matters that both spouses cannot agree upon.
Q: Do Delay Tactics Ultimately Disadvantage the Disgruntled Parent?
A: In the short term, delay tactics and other acts made in bad faith may not affect the uncooperative party. If the matter requires resolution by a judge, the acts of misconduct may play a role in how the divorce is decided. The courts expect both parties to a divorce to comply with the divorce process and not attempt to obstruct the finalization of any divorce.
Schedule Your Divorce Consultation Today
While some elements of a divorce are out of your control, you can decide which attorney represents you during your divorce. Even if your spouse becomes uncooperative, having a seasoned and experienced lawyer can help navigate those difficulties so your divorce does not drag on. Ultimately, any effort by the other party to delay the divorce process may paint them in a poor light in the eyes of the court.
The attorneys of Bickford Blado & Botros have many years of experience helping clients finalize their divorce even when the other side is not cooperative. If you are looking for a law firm that can build consensus even during contested divorces, we welcome you to contact our office today to schedule a consultation.
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