Divorces can be either uncontested or contested. When spouses file for divorce, they can claim a fault ground or no-fault claim. Through this claim, it can prove whether it is a contested or uncontested divorce. When no-fault is claimed, the divorce can be uncontested, leading to a simpler process. This process may include divorce mediation to decide on issues for the couple. Through mediation, spouses are encouraged to work together to decide on marital issues and work toward reaching a resolution. If they claim a fault ground when filing the paperwork, this can lead to a contested divorce. The contested divorce may cause the couple to enter into litigation. A judge will have to preside over the case and make decisions for the couple regarding their marital issues. A divorce has the ability to become contested after originally being uncontested. If spouses find it difficult to cooperate with one another in mediation, they may wish to contest their divorce instead to have a judge make decisions for marital issues. They may also wish to enter litigation if they are not satisfied with the decisions being made in mediation.
Why do contested divorces need litigation?
During uncontested divorces, spouses have the ability to solve issues through mediation by working with one another and a third party. However, contested divorces cannot be made in the same way when spouses are unable to work with one another to make decisions. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When it comes to cases involving children, the judge will always put the best interests of the child first.
Since marital issues are determined under the current circumstances of the divorce, they may be changed later on to fit changing situations. Marital issues can be affected by many different aspects in life. For child custody arrangements, a parent may not be complying with the correct standards outline and needs to be brought to court. Other issues may cause changes to alimony payments due to remarriage, death or retirement.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.