How does an uncontested divorce become contested?
Upon filing for divorce, spouses can choose whether they want to claim a fault ground. They are allowed to refrain from claiming a fault ground, which can cause them to enter into an uncontested divorce. With an uncontested divorce, they may be able to solve their marital issues through divorce mediation. If this process proves to be too difficult and becomes unsuccessful, individuals may have to end their mediation sessions. When they end the process of mediation, it may cause them to enter into a contested divorce. With a contested divorce, they may have to enter into litigation. In litigation, a judge will make decisions for the couple regarding their marital issues.
Mediation may not be for everyone since couples will have to work together to make decisions. If couples enter mediation and are unable to continue due to any reason, they can end mediation whenever they choose. However, it may cause their divorce to go from uncontested to contested. Although this may take more time to settle in court, it may prove to be more beneficial for them in the long run. Mediation requires the cooperation of both spouses in the process. If this cooperation of one party is lacking, it is almost impossible to continue to process. Litigation may prove to be a better alternative to have decisions made and the process over with.
What marital issues have decisions made in court?
Marital issues include a range of topics that must have decisions made before the couple is officially divorced. These issues can include child custody arrangements, child support, alimony and the division of assets. Child custody arrangements are made by judges in court after they consider all aspects of the family’s life and the parents’ involvement in the child’s life. The well-being of the child is always put first to make sure they are taken care of and in the best hands possible. For the most part, courts will try to keep the relationship with both parents and the child open. They do not want to interfere by having a relationship ruined. However, if a parent is deemed unfit, they may not have as many custody rights. Child support is another issue that relates to the child’s well-being. In order to provide for the child, money needs to be taken into consideration. Alimony is another issue that involves money. One spouse may need the financial support of the other in order to stay on their feet.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.