A contested divorce is one in which a husband and wife cannot agree on one or more issues regarding the termination of their marriage, and it can make a divorce both time consuming and costly.
In some cases it could be an outright refusal to accept the divorce itself, or in other cases it could be a part or issue set out in the divorce petition. Ancillary matters can also be contested in divorce, and these will include items such as:
- Where the children of the marriage should live
- How much contact one parent should have with the children
- Maintenance for the children
- Maintenance for either spouse
- How assets and property should be distributed
- How debts should be dealt with
In such cases divorce can become a complex legal battle and it is important to have a specialist divorce solicitor to guide you through the process and resolve these issues on your behalf.
One of the most popular grounds for divorce is ‘unreasonable behaviour’.
If you wish to use this ground for divorce then you must outline examples of such behaviour in your petition. In many cases, the respondent will feel the need to defend the petition as they are worried that by not doing so it will leave them at a disadvantage later, especially when it comes to the ancillary matters.
In fact, this will have little or no impact on dividing finances and custody. It is advised that if you are thinking of using unreasonable behaviour as grounds for divorce to keep your descriptions as minimal as possible and a solicitor can assist you with this. This will help ensure that your spouse will not contest the petition.
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