Examples of Issues in Contested Divorce
The decision to get a divorce is never easy, but when disputes and disagreements arise during the settlement process, things get even more difficult. If you’re considering a divorce and think it may be contested, it's important to be aware of some common issues that could come up.
What is contested divorce?
A contested divorce case is one where spouses cannot agree on at least one major issue, such as child custody, division of property, or alimony. This type of divorce can be stressful and expensive, as it often requires the assistance of a mediator or lawyer to help create the terms of the divorce. In some cases, a contested divorce may even go to trial.
Common issues in a contested divorce
Property division
Who will get the family home? How will savings accounts and retirement accounts be divided? All property acquired during marriage is usually considered marital property and subject to equitable distribution in divorce. This means the property will be divided between spouses in a way that is fair but not necessarily equal.
If you and your spouse cannot agree on how to divide your marital assets, a judge will decide for you after considering factors such as each spouse's income, earning potential, and contribution to the marriage. Most people don’t want a judge to intervene, which is why they take steps like mediation to work things out before entering a courtroom.
Recommended webinar: Turn a Breakup into a Win-Win with Mediation
Debt
Debt acquired during marriage is generally considered marital debt and, in divorce, must be divided between spouses. This includes credit card debt, mortgage debt, student loan debt, and any other debts incurred during marriage.
If you and your spouse cannot agree on how to divide your debt, a judge will decide for you after considering all relevant factors such as each spouse's income, ability to pay the debt, and contribution to incurring the debt. Again, most people prefer this not to happen, which is why mediation is such a powerful divorce tool.
Spousal support
Spousal support, known as alimony in some states, can become a contested issue, especially in longer marriages. Spousal support paid by one spouse to another after, and sometimes during, divorce proceedings.
Spousal support can be temporary or permanent. It may be awarded based on need or on a number of other factors such as the length of the marriage, each spouse's income and earning potential, and whether one spouse stayed home to care for the kids while the other worked outside the home.
If you and your spouse cannot agree on whether spousal support should be paid or how much should be paid, a judge will make the decision for you after considering all relevant factors.
Child custody and support
Divorcing parents often disagree about which parent should have primary custody of the kids and how much financial support the non-custodial parent should pay. These disagreements can result in expensive and time-consuming litigation. To avoid this, it's important to try to reach an agreement with your spouse on these issues before going to court. If you're unable to do so, a judge will make the decision for you based on what they believe are the best interests of the child.
A moderately contested divorce occurs when a couple agrees on some, but not all, issues related to ending their marriage. Moderate contests are typically less acrimonious than those where the parties disagree on everything, as they have already been able to come to an agreement on some level.
How to avoid a contested divorce
The best way to avoid a contested divorce is to try to reach an agreement with your spouse on all relevant issues outside of divorce court. If you are able to do this, you can file for an uncontested divorce, which requires less time, stress, and money.
Sometimes, legal advice is needed before you can get to the point of an uncontested divorce. Hello Divorce is here to help. We offer flat-rate mediation sessions and legal advice sessions via Zoom or phone, which you may find helpful. You can use these services to help you and your spouse reach a settlement agreement you both appreciate.
We also offer online divorce plans for people who want help with any aspect of their divorce.
If you’re interested in learning more about our services and free resources, you can schedule a free 15-minute phone call with one of our account coordinators.
FAQs
What is a contested divorce?
A contested divorce occurs when spouses cannot agree on key issues such as property division, child custody, support, or other financial matters, requiring the court to intervene.
What are common issues in a contested divorce?
Typical disputes include child custody arrangements, division of marital property and debts, spousal support, child support, and disagreements over financial disclosures.
How long does a contested divorce take?
Because the court must resolve disagreements, contested divorces can take a year or more, depending on case complexity and court schedules.
Can a contested divorce be settled outside of court?
Yes. Mediation, negotiation, or settlement conferences often help spouses reach agreements and avoid a full trial.
Why is contested divorce more expensive?
Contested cases often require more attorney time, expert witnesses, and multiple hearings, which increases legal fees and court costs.
What should I do if I’m facing a contested divorce?
Gather financial and parenting records, work with an experienced attorney, and consider mediation to resolve issues more efficiently.
How to Navigate a Contested Divorce
Identify disputed issues
List areas of disagreement such as custody, property, or financial support.
Gather documentation
Collect all relevant records, including bank statements, tax returns, and parenting agreements.
Consult professionals
Work with an attorney, mediator, or financial expert to understand your rights and options.
Attempt negotiation or mediation
Explore settlement discussions or mediation to resolve disputes without trial.
Prepare for court
If settlement fails, prepare evidence and witness testimony for hearings or trial.
Follow court orders
Comply with temporary and final orders to avoid penalties or additional disputes.
