What Happens If an Uncontested Divorce Suddenly Becomes Contested?

Overview
Despite your best intentions when filing for divorce, a case that started off as uncontested can become emotionally contentious and legally contested in no time at all. You need to prepare yourself for such a possibility by understanding what happens if divorce proceedings suddenly become contested.

Effects
The overall effects of a divorce case that becomes contested include the fact that a settlement between you and your spouse becomes unlikely, Rift Gold according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. A settlement at a future date is a theoretical possibility, but far from a certain prospect. Ultimately, a divorce that shifts from uncontested to contested usually is resolved through a trial.

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Types
Although any matter that arises between you and your spouse potentially renders a divorce case contested, RIFT Platinum two common types of issues tend to lead to heightened emotions and open-ended legal disputes in divorce cases. These are issues relating to financial matters and those associated with children, according to the American Bar Association Section of Family Law.

Time Frame
An uncontested divorce can devolve into a contested one at any time during the marriage dissolution process. Your ability to resolve your case directly with your spouse can collapse directly after filing, in the midst of negotiations or on the eve of executing a settlement agreement. A family law court is always positioned to schedule a trial in divorce proceedings, according to FindLaw.

Considerations
A judge faced with an uncontested divorce becoming contested may require you to take advantage of alternative dispute resolution before scheduling a trial. rift gold For example, many states now require parties to a divorce to submit to mediation regarding child custody issues to attempt a resolution without the need for protracted litigation, according to Sember.

Expert Assistance
Believing that you could resolve marital issues on you own, you and your spouse previously may have elected not to hire lawyers. Facing a contentious divorce case, however, may motivate you to retain a lawyer. RIFT Platinum The American Bar Association provides a range of resources to assist you in finding and retaining experienced divorce lawyers.