Uncontested Divorces Can Become Contested Divorces in a Hurry

Uncontested divorces refer to cases where both parties agree on the terms of the separation. These divorces are often a straightforward legal process. However, anyone facing divorce should recognize that even these seemingly simple cases can quickly become contested divorces.

Emotions, financial disputes, child custody issues, or unexpected developments can all arise, turning an amicable divorce into a complicated and contentious legal battle. Never assume that because you and your spouse initially agree on the issues, you will remain cooperative until the case is final.

Always be ready for a shift in circumstances, which is one of many reasons to seek professional legal guidance from a divorce lawyer in your area. Just because you have an uncontested divorce does not mean you should attempt to handle it alone, especially due to the possibility of contention arising.

Understanding Uncontested Divorces

Before we discuss why uncontested divorces can become contested in a hurry, let’s first understand what an uncontested divorce entails. In an uncontested divorce, both spouses agree on every aspect of the divorce, so this type of divorce is generally more amicable and less stressful.

An uncontested divorce typically involves the following steps:

• Filing the necessary paperwork: Both spouses must file a joint divorce petition, along with all required legal documents.
• Negotiating the terms: The couple must agree on all issues related to the divorce, including property division, child custody, child support, and alimony.
• Finalizing the divorce: Once all the terms are agreed upon, the couple will attend a final hearing, where a judge will review the agreement and grant the divorce.

Even if a divorce never becomes contested, you can still make errors during this process. To avoid delays or unnecessary hiccups, you should have the guidance of a divorce attorney through every step of your uncontested divorce.

The Potential for Contested Divorce

Despite the best intentions and initial agreement, uncontested divorces can quickly become contested for various reasons.

Emotional Conflict

Divorce is an emotional process that can bring out intense feelings of anger, resentment, and hurt in spouses.

Even in seemingly cooperative situations, emotions can quickly escalate, leading to disagreements and conflicts. This emotional conflict can make it difficult for both parties to reach a mutually satisfactory agreement, resulting in a contested divorce.

Financial Disputes

Another common reason for uncontested divorces transforming into contested ones is financial disputes. As couples start digging deeper into the division of assets and property, contention may arise regarding the valuation of assets, hidden assets, or disagreements over allocating certain assets.

A minor disagreement can quickly escalate into a significant dispute, making it impossible for spouses to reach an agreement without legal intervention.

Child Custody and Support Issues

Parenting time and child support are often the most emotionally charged aspects of a divorce. While parents may initially agree on a custody arrangement, disputes can arise regarding visitation schedules or custody modifications based on changing circumstances.

As parents advocate for their children’s best interests, these disputes can quickly turn a peaceful divorce into a contested battle.

Unexpected Developments

Life is unpredictable, and unexpected developments can significantly affect the dynamics of a divorce.

For example, a promotion or raise at work might lead to a dispute over how it affects spousal or child support payments. Similarly, changing health status or relocation can necessitate modifications to custody arrangements.

These unexpected turns can quickly complicate a divorce and become a contested matter.

Whether a disagreement arises due to legitimate concerns over changing circumstances or because one spouse simply decides to become difficult and make unreasonable demands, a contested divorce requires more time, energy, and resources to resolve. While you always want a divorce attorney for any case, you certainly need one for a contested matter.

Resolving a Contested Divorce

When your uncontested divorce suddenly turns contested, you must determine how to resolve the relevant financial and parental issues. The law requires spouses to resolve these matters, either by agreement or in court, before the family law court will finalize the divorce.

Negotiation between divorce attorneys is usually the first step in resolving disagreements and reaching a compromise. In this process, you and your attorney work with your spouse and their attorney to find common ground and make fair and equitable decisions.

Your attorney will advocate for your best interests, providing guidance and support throughout the negotiations.

Mediation is often the next step if negotiation fails to resolve the issues at hand. It involves a neutral third party, the mediator, who helps facilitate discussions and find solutions that work for both parties.

Mediation is often a more cost-effective and less adversarial alternative to litigation. Your attorney can represent you through this process, ensuring any mediation agreements align with your rights and interests.

In some cases, however, a contested divorce is truly contested, and one spouse refuses to find common ground. In such situations, litigation becomes necessary to resolve a contested divorce. This involves taking the case to court, where a judge decides on unresolved matters. Should your divorce case require a trial, you need an experienced litigator representing you.

The Importance of Seeking Legal Guidance for Any Divorce

Even an uncontested divorce can overwhelm a couple. Seek the guidance of an experienced divorce attorney who can protect your future by seeking a fair settlement.

A lawyer will have legal experience and knowledge of local divorce laws, so they will ensure you do not agree to anything that goes against your rights under the law.

Divorce also involves significant paperwork, including legal documents, financial statements, and agreements. Your attorney can prepare all the necessary documentation accurately and submit it on time, saving you from potential legal complications in the future.

If conflicts arise during the divorce process, your divorce attorney can facilitate discussions and negotiations to reach an agreement. Their objective perspective can de-escalate conflicts and prevent them from becoming full-blown disputes.

Seek your consultation with a Scottsdale family law attorney now.