Even when a marriage is clearly over, the thought of going through the legal process of divorce can be daunting. To help you keep your divorce uncontested, it is important to understand a few common reasons for a divorce to be contested.

When a married couple gets divorced, all of the marital assets and debts must be divided during the divorce process. If the parties are unable to agree on how all assets and debts are to be divided, the divorce becomes a contested divorce.

Keep in mind that only marital assets are subject to division in a divorce. The separate property of each party remains the property of that party after the divorce. A dispute can also arise if the parties cannot agree on whether an asset is marital or separate property.

2. Involvement Of A Minor Child

If a divorce involves minor children, the terms of the required Parenting Plan can quickly turn an amicable divorce into a contested divorce. The law begins with the proposition that it is in the best interest of the child of a marriage to continue to have the affection and support of both parents after a divorce.

Consequently, a Parenting Plan must be developed and approved by the court. The Parenting Plan must contain information about how the parents plan to handle basic parenting issues after the divorce, such as:

• Who will be the primary residential parent?

• What will the parenting time schedule be with the non-residential parent?

• Who will pay child support and how much will the support be?

• Who will be responsible for the child’s medical insurance?

• How will the non-residential parent communicate with the child post-divorce?

• How will the parents communicate with each other after the divorce?

• How will the parents resolve problems that crop up in the future?

3. Alimony

Spousal support (also referred to as alimony) is not part of the division of marital assets nor does alimony have anything to do with child support; however, if one party requests spousal support it can cause an otherwise uncontested divorce to become contested.

Typically, spousal support is intended to provide a financial “cushion” for a limited time to a spouse after a divorce to give the spouse time to re-enter the workforce or go back to school to become more competitive in the job market. Usually, spousal support is not intended to provide financial support on an ongoing or indefinite basis.

Key Points

If you are interested in learning more about options and benefits associated with carrying out an uncontested divorce, please reach out to our team. It is very important to use guidance from a legal professional in cases such as these.

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