What Is A Contested Divorce?

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A contested divorce arises when the wife and the husband are unable to agree to the divorce or to any of the terms of the divorce.

In some cases, one spouse wants to get divorced and one spouse does not want to get divorce. The spouse who wants to get divorced will be the Plaintiff in the contested divorce application and the spouse who does not want to be divorced with be the Defendant in the contested divorce application.

In other cases, the wife and the husband cannot agree to the terms of the divorce. Disagreement can occur over spousal maintenance or over the division of matrimonial assets. Disagreement can also occur over the custody, care and control, and access to the children to the marriage.

If the divorce application proceeds on a contested basis, the entire divorce process will be dragged out. There is no sure way to predict how long the divorce process will take. The divorce can only proceed when the wife and the husband agree to the divorce and the wife and the husband agree to all the terms of the divorce.

In view of the fact that the wife and the husband have to agree to the divorce and to all the terms of the divorce before the divorce can be proceeded with, it is strongly recommended that you negotiate the terms of the divorce with your spouse first and convince them to agree to the divorce. This would allow you to proceed with the divorce on an uncontested basis, which would allow you to save money, time, energy and emotions as opposed to proceeding with the divorce on a contested basis.

Categories: Contested Divorce