Navigate Your Contested Divorce with Expert Legal Guidance
When spouses have decided that they wish to divorce, it is important to seek the services of a family law attorney. A contested divorce is applicable where the spouses are unable to agree on the terms of the divorce and it is critical to obtain expert legal advice to guide you through the process.
There are four main aspects applicable in divorces:
- Proprietary consequences, which is essentially the division of assets. This will very much depend on the matrimonial regime applicable to your marriage.
- Spousal maintenance, which is applicable where one spouse, as a result of the divorce, will require financial assistance.
- Contact and care of minor children, which will be applicable where there are minor children involved and parental rights and responsibilities of the parents will need to be determined and how it will operate post-divorce.
- Child maintenance, which is how the parents will be responsible for maintaining the financial needs of the minor children.
It is important to ascertain whether your divorce will be contested, and if the spouses are not able to agree on some or all of the above aspects, the divorce will likely be contested in nature.
In order to commence divorce proceedings, the first step is to institute a divorce summons through Court. Depending on the complexities of the matter and the extent of the disputes, a contested divorce can be costly and often takes several years to finalise. Various factors impact the costs and timelines, such as matters of spousal maintenance where the services of experts may need to be utilised, such as industrial psychologists, to determine the earning capabilities of spouses seeking spousal maintenance. Other matters can impact timelines, such as custody disputes where various professionals will need to be consulted, such a psychologists and social workers.
While a contested divorce may not be favourable, there are instances where matters are required to be contested, such as matters of custody, division of assets particularly when assets are concealed, and spousal maintenance claims. A divorce is final in nature and it is imperative you are professionally guided during this process.
A divorce can become settled at any stage, and it is not necessarily the case that if you proceed with a divorce on a contested basis, the matter will certainly proceed to trial. There is always the possibility to settle at a later stage, once certain facts materialise and become clearer.
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