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What You Need to Know About the Surrounding Issues On Contested Divorce

What You Need to Know About the Surrounding Issues On Contested Divorce

Contested divorces often take years to reach a resolution.

In fact, couples are left in limbo while racking up on both sides.

While they generally decide on temporary orders for issues that relate to, such as child support and custody, other issues are left unresolved until the divorce is finalized.

In addition, children involved in contested divorces are also left in limbo, getting used to one arrangement in the midst of the possibility that the arrangement will change.

Temporary orders are fairly consistent with permanent decisions by the courts, but not always. In a contested divorce, couples are unable to resolve issues related to the divorce, such as alimony, custody, and distribution of debts and assets.

In some cases, neither spouse will have access to certain assets until the divorce is granted and a resolution of all issues has been reached. In some instances, this makes some spouses unable to afford, granting an unfair advantage to the other spouse.

Couples involved in contested divorces, often cannot come to an agreement because of the many issues involved in the divorce. In fact, many couples get divorced because they suffer from a lack of communication in their relationship.

If couples were unable to communicate when they were together, they will certainly be unable to do so during a divorce. Some contested divorces involve one spouse that does not wish to get divorced, and that spouse is, therefore, more likely to fight during the proceedings.

In fact, spouses that do not wish to get divorced are likely to be very bitter, and they may wish to get revenge on the spouse who has opted to leave. These battles often involve children and all child-related issues.

Couples involved in a contested divorce often find that they become angry with each other, placing a bigger wedge in their relationship. Often, that bitterness and resentment are felt by all family members.

In fact, children may begin to place blame on one or both parents. Unfortunately, families that experience a contested divorce often find that they are not as close as they once were. In fact, parents sometimes try to turn their children against the other parent.

In general, contested divorces are detrimental to the health and well being of all involved parties.

If families can reach a resolution in the absence of court intervention, they tend to adjust to all new changes in a much more effective manner, and they generally experience increased support from, other family members.

Contested divorces often prolong the stress and heartache associated with the break up of any family. In fact, a contested divorce often leads to a family growing apart and feeling resentment towards each other.

Spouses involved in this type of divorce often find it impossible to remain amicable and it is always better when couples can come to a mutual understanding about their divorce and all issues associated with it.

Contested Divorce

Contested Divorce

A contested divorce can happen in two circumstances.

First, many couples cannot agree on a fair distribution of assets, property, debt and custody.

In the other case, only one spouse wishes to get divorced. There are many difficulties associated with a contested divorce.

Contested divorces can take years to reach a resolution, and couples and their families are often left in limbo until the process is complete. In addition to the costs and time involved, contested divorces can also be very emotionally draining and confusing for all involved parties.

This can be especially difficult for young children that do not completely grasp all of the events that are taking place. In many cases, the living arrangements of children have been abruptly changed when one spouse left the residence.

When temporary orders of custody, visitation, and child support have been granted, there is some resolution to their new living arrangements.

However, they must get used to the new living arrangements of at least one parent. In addition to not having both parents around consistently, they may feel abandoned.

To compound those issues, temporary orders are sometimes altered when judges make their final rulings on the divorce hearing. The entire process can be quite confusing for children of any age.

In fact, for involved children, contested divorces are significantly more difficult than uncontested divorces. In some contested divorces, children may be asked to make a choice as to which parent they would like to live with, and this can cause great psychological and emotional discomfort for the child.

In addition to feelings of alienation, they also feel that they have alienated one parent.

There are many other surrounding issues in contested divorces. In some divorces that involve disputes regarding property and assets, neither spouse may have access to any jointly contested marital assets.

For example, a marital home may be left in limbo even though neither spouse wishes to reside there. The couple may be unable to take any action in regards to selling the house until the divorce proceedings are finished.

Divorce proceedings can prevent both spouses from being able to move on or live their lives in a manner in which they are accustomed.

In addition to assets being tied up, couples often incur large legal bills. Any money that spouses do have access to, may be utilized to pay legal fees.

In essence, contested divorces are much more difficult than divorces in which couples are able to reach an agreement in the absence of intervention by the courts.

Contested Divorce

Contested Divorce

Collaborative family law can often be utilized to help to divorce couples reach a mutually beneficial agreement, in fact, some studies have suggested a 95% success rate for resolutions utilizing collaborative family law.

Yet, not all couples will be able to utilize this practice, as it requires a certain degree of mutual respect and sympathy for each other.

In cases where couples are unable to get along, collaborative law may not be the proper approach for a settlement of a divorce. However, many couples will find that collaborative law will effectively bring a resolution to all disputed issues that are related to the divorce.

In fact, even couples that have found themselves involved in the constant conflict have been pleasantly surprised with the collaborative family law experience.

Collaborative family law agreements can help families to retain any sense of shared goals and togetherness. Children of the spouses that utilize collaborative family law agreements often fair much better than children involved in other types of divorce.

In general, most parents want to achieve results that are in the best interest of the children. In collaborative family law, parents work together to realistically access the needs of the children and the manner in which those needs can be met.

On the other hand, cases that end up in divorce court leave all of the decisions in the judge’s hands.

While judges strive to make the best decisions, they do not have ample time to get to know every member of the family unit or understand that particular family’s dynamics.

Because of the vast success of collaborative law, many states have taken action on making determinations for the allowance of the practice. Many states now have rules and regulations in place for collaborative family law.

While some states have specific rules relating to collaborative law, others only have rules in place within local jurisdictions.

In any case, collaborative law is quickly becoming recognized as an effective manner in which to deal with conflict resolution.

However, some states have raised ethics issues regarding the agreement to avoid litigation, while introducing the possibility of enacting new rules and regulations as the process becomes more popular.

Collaborative law is quickly becoming the chosen method for divorcing couples that have remained in an amicable relationship. While many couples are able to settle their disputes through court-ordered mediation, collaborative law allows couples to avoid litigation altogether.

Avoiding court hearing allows for lower stress levels, and are often involved in fewer battles in order to reach a resolution; collaborative law is an effective way of avoiding further conflict among divorcing couples.