Can an uncontested divorce become contested?

When a spouse files for divorce, they have the option of claiming a fault ground. If they claim a fault ground for their divorce, it may cause their divorce to be contested. However, by lacking a fault ground in the paperwork, it may lead to an uncontested divorce. An uncontested divorce may prove to be less stressful. With this divorce process, couples may be able to avoid the courtroom. They may not have to solve their issues in court. Instead, they can speak about their marital issues in divorce mediation. Through mediation, they can decide on their marital issues and have their divorce finalized in the end. If they fail to cooperate in mediation though, it may cause them to end the process.

Mediation is not for everyone. If couples enter mediation and are unable to continue, they can end mediation. However, it may cause their divorce to go from uncontested to contested. Although this may take more time to settle in court, it may prove to be more beneficial for them in the long run. Mediation requires a lot of cooperation on both ends. If this cooperation is lacking, it is almost impossible to continue to process. Litigation may prove to be a better alternative to have decisions made and the process over with.

What marital issues are decided in court?

Marital issues include a range of topics that must be decided on before the couple is officially divorced. These issues can include child custody arrangements, child support, alimony, the division of assets and more. Child custody arrangements are made carefully by judges in court. They will consider all aspects of the family’s life and the parents’ involvement in their life. The well-being of the child is always put first to make sure they are taken care of and in the best hands possible. For the most part, courts will try to keep the relationship with both parents and the child open. They do not want to interfere by having a relationship ruined. However, if a parent is deemed unfit, they may not have as many custody rights. Child support is another issue that relates to the child’s well-being. In order to provide for the child, money needs to be taken into consideration.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.