While some divorces are mutually agreed to, and will be resolved with ease, others may involve one of the spouses disputing the divorce entirely. This is known as a contested divorce and it can be significantly more difficult to litigate. If you or your spouse do not agree with elements of your marriage dissolution or the division of assets, consider hiring an Albany contested divorce lawyer. A compassionate divorce attorney could help you work through the marriage dissolution process and fight for a fair outcome.
A contested divorce is one where there is either no agreement to get the marriage dissolved in the first place or there is a disagreement about how to divide property, liabilities, or custody arrangements. A contested divorce usually lengthens the time it takes for resolution. It necessarily triggers additional pleadings and often involves a discovery process, court appearances, and judicial intervention. Thus, it can also be a touch more expensive.
Although the role of an attorney does not greatly differ between contested and uncontested divorces, it is helpful to have one who has experience in the litigation process. They may have had more interaction with the court and the judges which should allow them to understand what the judge is looking for. Further, different regions or jurisdictions might have different processes, so it is good to have someone who knows the local laws well, and has a good reputation in the community.
Contested divorces come with strong emotions but they cannot come to a favorable outcome until both sides can resolve the dispute reasonably. It can get complicated when it comes to dividing a large quantity of assets. Business evaluators, property evaluators, and other experts may need to be retained in order to assess value and distribute them equitably.
In a typical uncontested divorce situation, the parties and their attorneys rarely interact with a judge, so there will be few instances when they need to be present for conferences or to intervene in immediate relief. Most aspects are covered in the legal documents without the need for a court to make rulings. Judges in contested divorces encourage litigants to take a rational posture and consider the best interests of the children, as well as the advice of their hired attorneys. They urge the spouses to consider the costs and the time spent, and to attempt a mutual settlement if at all possible.
If there are children involved, the court will appoint another attorney to represent the children – either one for each, or one attorney for all of them, depending on how their interests align. It is also possible for one of the divorcing parties to file a temporary order while the divorce is pending, either because they feel alienated from the children or because the children are in a position where they are not safe. This provides some level of interim relief while the divorce process is still being litigated.
Mediation is not typically used in contested divorces but is still a legal option that is available. A mediator is an impartial party who assists both the plaintiff and the defendant in agreeing to the same terms of the divorce.
One of the most common mistakes a plaintiff makes is being too loose with information, especially on social media. They will sometimes disparage their spouse or others, especially if the divorce is contested. This behavior may call their credibility into question. More seriously, if they make comments or post pictures that shed them in a dangerous or negative light, this may prevent them from retaining custody of their children. An experienced contested divorce lawyer will likely urge the plaintiff to refrain from expressing their opinions on the internet and to lock down their social media presence.
Divorce is not an easy process, but it can be made much easier if both sides agree to the terms early. If you find yourself in a protracted legal battle, it might be in your best interest to hire an Albany contested divorce lawyer. Call today to learn more.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd