If you're considering filing for a divorce, you're probably aware that you have two options: Contested or uncontested. While the majority of divorces are uncontested, there are certain situations where filing for a contested divorce may benefit you and your goals. Understanding what kind of divorce is best for you can help you achieve the results you desire.
To schedule a consultation with our divorce attorneys or learn more about how we can help with your divorce, contact us online or via phone at (731) 256-0023.
Domestic Violence Plays a Role in Your Divorce
If domestic violence plays a role in your divorce case, you may not even be able to file for an uncontested divorce, and for good reason.
When family violence is present in a case, the court wants to ensure that the survivor/victim receives the protection they deserve. Trying to negotiate an outcome with someone responsible for committing family violence often goes poorly, and the court wants to ensure the abuser's behavior is taken into account when the divorce decree is handed down. As a result, a contested divorce is typically mandatory in cases where family violence is present.
Your Spouse Is Unwilling to Compromise
If your spouse is unwilling to compromise with you, then pursuing an uncontested divorce is probably a waste of time.
Getting an uncontested divorce means negotiating terms for the divorce that both parties agree to and then incorporate into a divorce agreement. Generally, this process involves some give and take from both parties. For example, one party may agree to relinquish total ownership of a vehicle to the other party, but only if they receive certain furniture pieces post-divorce.
If your spouse is unwilling to compromise with you or - even worse - tries to strongarm you into an agreement that's weighted in their favor, a contested divorce is probably the best option for you. For this reason, many people with narcissistic spouses find themselves having to file for a contested divorce just to receive a fair outcome in their case.
You Need to Protect Your Child's Best Interests
If you have a child involved in your divorce, and you don't trust your spouse's abilities as a parent, a contested divorce may be the way to go.
If you don't think your spouse is a fit parent and they disagree, your chances of achieving an uncontested divorce and drafting a good divorce agreement together are minimal. Compiling evidence that showcases your spouse's shortcomings as a parent and then supplying the court with that information as part of a contested divorce may be a better path forward.
Your Spouse Omits Information
If your spouse intentionally omits information during the divorce, such as hiding assets from you, then filing for a contested divorce is probably in your best interests. It will allow the court to penalize your spouse for their deceptive actions if you supply enough evidence.
Our divorce attorneys can help you get the best results in your divorce. Contact us online or via phone at (731) 256-0023 for help with your contested divorce.