Divorce is never easy. Even when both spouses come to a mutual understanding that their relationship is beyond repair and both wish to terminate their marriage, the process itself is often emotionally taxing. However, a divorce can be even more nerve-wracking if the spouses can’t reach an agreement with regards to crucial matters such as child custody and child support or the details of the division of property.
When the spouses argue and fight over such issues, some details of their divorce must be decided in court by a divorce judge. This is known as a contested divorce. In fact, any kind of disagreement between the spouses can become grounds for a contested divorce. In this article, we present the 3 most common reasons why a divorce can become contested.
1. Facts of the Relationship
While some couples state that they’re divorcing over irreconcilable differences pertaining to personality, lifestyle, philosophy and so forth, in other cases, more dramatic factors can be involved. For example, some spouses name infidelity or abuse issues as the main reason for a divorce. When such allegations are raised by one spouse, the other may feel that they are unjustified or false, leading to a contested divorce.
2. Division of Property
Division of property is an important part of every divorce. According to California law, both spouses are entitled to an equitable or fair share of their community property. Additionally, each spouse is entitled to keep their own separate property. However, while the definition of community and separate property is somewhat strict, it is up to the divorcing spouses to define what a fair and equitable division should look like in their case. Thus, many divorcing spouses fight over property and items they gathered during their marriage or over the allocation of the common debts.
3. Child Custody Issues
When a divorcing couple has children, it is natural that both spouses expect to continue to have a meaningful relationship with the children and a strong presence in their lives. However, divorcing parents may have opposing feelings about how the children should be raised. Such feelings often lead to disagreements about important child custody and co-parenting issues.
For example, one parent may strongly believe that they should have sole physical and legal custody of the children while the other may want a joint or shared custody. In extreme cases, one spouse may even feel that it would be detrimental to the physical or emotional well-being of the children to keep having frequent contact with the other parent.
Child custody issues can turn divorce proceedings into a bitter dispute. If the parents cannot reach a settlement, the divorce becomes contested and the decision with regards to child custody, visitation rights, and other co-parenting arrangements will lie with the court.
Did Your Divorce Become Contested? Contact the Grey Legal Group
If your divorce has become contested due to a disagreement with your spouse over an issue mentioned in this article, it is important that you contact an experienced divorce attorney without delay. Working closely with an experienced attorney will ensure that your interests are well-represented before the court which is especially important if you’re dealing with an unreasonable spouse.
Our attorneys at Grey Legal Group have ample experience with helping divorcing spouses secure their goals and protect their interests in contested divorces. Contact us today to obtain a free consultation on your case.
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