What is a Contested Divorce?

What is a Contested Divorce?

Divorce is both an emotionally and financially taxing process, and if you and your spouse cannot agree on its terms, it may become even more so. When spouses cannot agree on their divorce terms, it is known as a contested divorce. Unfortunately, these divorces often enter the litigation process, wherein their assets will be subjected to equitable distribution, and the remainder of their divorce’s outcome will be left to the court’s discretion. Though this may sound both worrisome and overwhelming, our experienced Pennsylvania divorce attorneys are here to tell you it does not have to be. We are here to help. Please read on to learn more about the process:

How do courts determine who gets what in a contested divorce?

Generally, the courts will consider several aspects of your marriage before dividing your marital assets. Marital assets are all assets accumulated throughout your marriage, and can include your cars, homes, retirement funds, and more. Courts will usually consider both you and your spouse’s yearly salary, whether you or your spouse is financially independent and more.

How will courts decide terms of child custody and support?

Child custody is perhaps the most difficult issue in a divorce, and when one spouse is denied child custody, they very often feel as though they do not owe child support. Unfortunately, this is not the case. Child support is very often calculated based on your child’s age, what is in his or her best interests. If your spouse was financially dependent and was granted child custody, you may find yourself paying whatever amount the court determines will help retain your child’s standard of life. That is why these matters are always best handled by an experienced divorce attorney.

Can a contested divorce become uncontested?

Fortunately, in many cases, it can–oftentimes through divorce mediation. Essentially, a divorce mediator’s job is to work as a neutral, non-biased third party by facilitating productive, civil conversation between you and your spouse in the hopes of reaching a compromise that works for everyone. Though in the most contentious divorces, this is scarcely an option, if you believe you and your spouse are willing to compromise on the most important issues, this may be your best bet going forward. What’s more, divorce mediation avoids the contentious nature of court proceedings, keeping you and your spouse out of the courtroom entirely. For a divorce mediator you can trust, simply contact our firm today.

Contact our experienced Pennsylvania firm

There are few things more complicated than divorce, and our firm recognizes that. If you are ready to begin the divorce process, please do not hesitate to reach out to the Law Offices of Ilkhanoff & Silverstein today. We are ready to help you through the process, every step of the way.

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