Divorce, a process that marks the end of a marriage, can take various forms depending on how both parties navigate through it. While some divorces are amicable and uncontested, where both spouses agree on key issues, others can be more complex and contentious, leading to what is known as a contested divorce.
In a contested divorce, the spouses are unable to reach an agreement on one or more significant aspects of the divorce settlement. This disagreement can prolong the legal process and may require intervention from the court to resolve the issues. That is why it is necessary to seek the legal guidance of Huntsville divorce lawyers for contested divorces.
So, what exactly makes a divorce contested?
Let’s delve into the factors that contribute to this situation.
- Lack of Agreement on Key Issues
One of the primary reasons a divorce becomes contested is the inability of the spouses to agree on crucial matters such as child custody, division of assets, spousal support, and other financial arrangements. In fact, when both parties have conflicting interests or demands in these areas, it can lead to disputes that escalate the divorce proceedings.
- Communication Breakdown
Effective communication is essential in any divorce process. When communication breaks down between spouses, misunderstandings can arise, making it challenging to find common ground. Remember, miscommunication or lack of communication altogether can fuel animosity and hinder progress toward a mutually acceptable resolution.
- Emotional Factors
Divorces are emotionally charged events that can cloud judgment and escalate conflicts. In fact, emotions like anger, hurt, resentment, and betrayal can influence decision-making, leading to irrational behavior and unrealistic demands. When emotions run high, it becomes harder for parties to negotiate calmly and rationally, increasing the likelihood of a contested divorce.
- Legal Representation
The involvement of lawyers can sometimes contribute to a divorce becoming contested. While legal representation is crucial for protecting individual rights and interests, aggressive or combative legal strategies can exacerbate tensions and escalate conflicts between spouses. When legal counsel encourages adversarial approaches, it can steer the divorce toward a contested path.
- Complex Financial Situations
Divorces involving complex financial assets, business interests, investments, or properties can complicate matters and increase the chances of a contested divorce. In fact, disputes over the valuation and division of marital property, hidden assets, tax implications, and debt allocation can prolong the legal process and create obstacles to reaching a settlement.