Contested divorces are also considerably more expensive with no guarantee as to the outcome. For these reasons a contested divorce is often best avoided. If you have objections to things being claimed in a divorce Petition your lawyer can make it clear that whilst you do not admit or accept the allegations made in the Petition, you nevertheless accept the marriage has broken down and for that reason they are prepared to allow the Petition to proceed undefended.
In this way, whilst no admission is made, the divorce can still proceed on an uncontested basis which is better for the parties in terms of less emotional distress and costs.
Generally in any divorce or family law case negotiation and communication is key, between the parties involved, and their lawyers. This is normally a straightforward procedure: it takes about six months to go through, depending on how busy the court is and how quickly the couple submits the relevant paperwork.
It does not usually involve making an appearance in court. A contested divorce is a much lengthier and more costly proceeding than an uncontested one. Usually the divorcing couple will have to attend two hearings in court. Contesting a divorce also involves additional fees.. If the petitioner wants a legal separation, only in very rare circumstances would defending a divorce prevent it from happening. It is also important to note that the decision over whether or not to contest a divorce has no effect on a settlement agreement.
It simply ends the marriage. Simply put, a respondent will contest a divorce if they do not agree with the reasons for divorce stated in the petition. To apply for a divorce in England and Wales, the petitioner must prove to the court that their marriage has irretrievably broken down. If, for example, a petitioner files for divorce based on the fact of adultery, the respondent may not agree that this was the reason the marriage broke down.
They might deny that the adultery took place, or believe that that the relationship is reconcilable. These would all be reasons for contesting the divorce.
There are additional reasons why a respondent might choose to contest. One is that it can be a way to delay proceedings in court. If a petitioner decides to divorce on impulse and without fully considering the implications of their decision, the respondent may contest it — often temporarily — so that the initiating partner has more time to reflect on, and perhaps reconsider, their choice.
During the settlement phase, spouses are often unable to resolve issues. Although the divorce judge may encourage spouses to work things out, the next step is divorce court when that doesn't happen. During the trial, both spouses present witnesses, and their lawyers cross-examine the witnesses and present closing arguments. After the trial is over, the court will issue a final order memorializing all of the judge's decisions and finalize the divorce.
Divorce—especially contested divorces—are complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer who can inform them of their legal rights and ensure they are fully protected. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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