Divorces can either be contested or uncontested. When a divorce is considered to be uncontested, spouses can go through a simpler and often quicker process to decide on marital issues before an official divorce is finalized. This process can include divorce mediation to resolve issues by deciding on outcomes together. With this process, it can avoid the need to enter litigation to have decisions made for spouses. If the process of mediation is not working for the couple due to a lacking cooperation or inability to work together, they may have to contest their divorce. When a divorce is contested, spouses may have to enter into litigation.
Why do contested divorces need litigation?
With an uncontested divorce, spouses solve issues themselves. However, contested divorces cannot be made in the same way when spouses are unable to work with one another to make decisions. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for themselves, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first. This is to ensure their well-being is being taken care of.
What grounds are stated for divorce?
Upon filing for divorce, individuals can cite a few different reasons. They may claim a fault ground or decide to avoid claiming a fault ground. If they claim a fault ground, there are a few reasons that may be stated. These reasons can include adultery, violence, pregnancy unknown to the husband, incarceration for two years with total jail time exceeding seven years, crime against nature before or after marriage, substance abuse or institutionalization of at least five years. With these reasons, fault will be placed on a spouse in the marriage. This may lead them to enter into a contested divorce. Judges will make decisions regarding child custody and more. If no fault is claimed in the divorce paperwork, spouses may remain in an uncontested divorce. No-fault grounds can include irretrievable breakdown of marriage of two years, voluntary abandonment for one year or incompatibility of temperament.
The divorce process can be challenging, but our team at Ilkhanoff & Silverstein are dedicated to fighting for your best interests. Since 1999, our York divorce lawyers have guided our clients through this emotional and stressful time with compassionate client service and results-driven legal counsel.