Contested Divorces

Unfortunately, divorces are not always uncontested as parties are not always able to work out their differences or able to reach a settlement prior to the divorce.  In these cases it is necessary that the matter goes to trial in order for a court to adjudicate the  issues between the parties.

At the heart of every divorce are four issues:

1. Custody of minor children;

2. Payment of child and / or spousal support;

3. Division of communal and / or marital property
4. Division of debt

Uncontested divorces are less expensive and progresses  through the courts much more quickly than contested divorces.  Contested divorces could take years to be finalised and attorneys debit hourly fees. Please therefore note that such divorces could become very costly.

All parties seeking a divorce should first attempt to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, they should attempt to arbitrate and mediate the issues with a qualified mediator.  This would almost certainly save time, money and frustration.

Complex issues, high financial stakes and technical legal procedures are the marks of contested divorces. While an uncontested divorce can often be performed without the wide ranging consultation of an attorney, litigation often makes experienced counsel necessary for a contested divorce. If one spouse is represented by an attorney or there are difficult financial issues, seeking an attorney is always a wise decision.