Contested divorces go to court, and the presiding judge resolves the terms that the divorcing couple is unable to negotiate. There are many advantages to avoiding court when it comes to divorce, but sometimes, the court’s guidance is required, and having skilled legal guidance backing you up is highly important. Our experienced Westland contested divorce lawyers at The Smith Law Offices, P.C., are standing by to help.
A contested divorce is one where you and your spouse cannot agree on one or more key issues, whether that is dividing property, child custody and parenting time, spousal support, or the divorce itself. When any of these terms remain unresolved, the case moves through litigation rather than settling on the couple’s own terms, and a Wayne County judge ultimately decides the outstanding issues.
Some couples end up filing contested divorces by choice, often because one spouse refuses to negotiate in good faith or won’t disclose financial information honestly. Others have no real alternative. If your spouse won’t respond to the divorce filing at all, if there’s a history of domestic violence or coercion that makes direct negotiation unsafe, or if the two of you fundamentally disagree on custody or the value of shared assets, a contested filing may be the only path to a resolution the court will actually enforce.
A contested divorce takes longer and costs more than an uncontested one, and it puts private family matters in front of a judge rather than behind closed doors. Still, when a fair agreement is not possible any other way, filing a contested divorce protects your right to a resolution grounded in the law rather than one your spouse simply refuses to accept.
If there is a history of domestic abuse or violence in your marriage, protecting your own safety and well-being is paramount. The fact that victims of abuse are never more vulnerable than when they’re trying to leave makes taking your case to court prudent.
If your spouse simply refuses to negotiate or won’t budge regarding their unreasonable demands, they’re likely more interested in thwarting you than in resolving the matter. Heading directly to court could save you both time and money.
If your case is especially complex or if you have serious concerns about your spouse engaging in any of the following, you may need the court’s guidance:
If your divorcing spouse refuses to compromise on the matter of custody, there may be no convincing them. If they can’t accept that spending a significant amount of time with both of you supports your children’s best interests, the court can clarify the matter. Further, if there is a serious reason for limiting the amount of time your divorcing spouse spends with your shared children, the court can establish the parameters.
Our capable Westland contested divorce attorneys at The Smith Law Offices appreciate the legal complexities of your case, and we will spare no effort in our focused protection of your financial rights and your rights as a parent. Learn more by contacting us online or giving our firm a call at 734-729-4465 today.