Contested Divorce

Although a contested divorce can be emotional and expensive, it still provides a legal pathway to addressing concerns and protecting the future interests of all involved parties. There are several reasons a couple may pursue this route.

• Disputes regarding child support and custody. Parents often struggle to agree on custody, visitation and financial support for their children. A contested divorce allows the court to decide these issues with the child’s best interests in mind and sets out clear rules for the parents.
• Alimony disputes. Paying spousal support can create a significant financial burden, often leading couples to dispute who should pay and how much.
• Disagreement over division of assets. Couples who own fewer assets can sometimes quickly agree on property division. However, those with greater wealth or separate property often need a judge to determine which assets qualify as marital property and how to distribute them fairly.
• Invalid prenuptial agreement. Prenuptial agreements help outline asset and debt division, but some states allow one spouse to challenge the agreement’s validity. In Texas, a court may deem an agreement unenforceable if a spouse did not have, or reasonably could not have had, adequate knowledge of the other’s finances.
• Grounds. Even though all U.S. states allow some kind of no-fault divorce, a spouse may file based on specific grounds, such as adultery or abuse. In these cases, the other spouse must either agree or contest the claim, requiring proof in court.

Even if spouses disagree and are inclined to rush into a contested divorce, there are drawbacks to this path. Here are the most common reasons couples work toward an uncontested divorce.

They Want a Quick Divorce

In a contested divorce, one spouse files the case in court, and both hire lawyers. This process can take months, or even years, as attorneys gather evidence, spouses meet with their legal teams and both sides appear in court. This can result in time away from work and family.

Spouses must then wait for their trial date. The trial itself can last anywhere from a few hours to several weeks before a judge resolves all issues.

As a result of these hurdles, contested divorces take significantly longer than uncontested divorces. In an uncontested divorce, the couple settles issues on their own and files a joint petition, potentially avoiding court appearances altogether.

An Attorney Is Unaffordable

A longer divorce process means more time for expenses to add up. The average divorce costs upwards of $20,000, and contested divorces can be even pricier.

Divorce attorneys typically require a retainer—an upfront fee that secures legal services—which can cost thousands of dollars, plus an hourly rate for ongoing work.

Spouses who cannot afford an attorney and do not qualify for pro bono legal services may want to avoid a contested divorce to save themselves the stress of representing themselves in court.

State Laws Are Unfavorable

Depending on where the divorce takes place, state laws can leave spouses in a worse situation when pursuing a contested divorce.

For example, Arizona is a community property state, meaning property acquired during the marriage is generally considered jointly owned and split evenly in divorce. While a trial or prenuptial agreement may affect this division, a 50/50 split could leave the spouse who contributed more to purchasing assets with less than they expected.

In such cases, a negotiated uncontested divorce leaves the final division of property up to the spouses as long as the agreed-upon division is reasonable.

Negative Impact on Health

Divorce can be highly emotional and contentious. It’s important to consider your health when deciding how long you’re willing to endure the process. A lengthy, hostile divorce may do more harm than good for your mental health and can have negative impacts on your children’s wellbeing.

If your spouse contests the divorce, take the following steps to achieve the quickest and most favorable outcome.

Discuss Options With a Divorce Lawyer

Once you learn that your partner is contesting the divorce, seek legal advice from an experienced divorce attorney. Not all lawyers encourage negotiated divorce, so make sure your goals align with the lawyer’s skills before you hire them to represent you.

Divorce attorneys can be expensive, so look for a firm that offers free divorce consultations if you’re concerned about costs. Installment payment options may also be available. You may find lawyers who work on a volunteer or pro bono basis through local nonprofits or legal aid services.

Attempt To Negotiate

As discussed above, there are plenty of reasons you may want to avoid a contested divorce. Even if there is an issue where you and your spouse disagree, negotiating together can help you find a mutually beneficial outcome that avoids taking the divorce to trial.

That said, there are circumstances in which having these conversations with an ex-spouse can be challenging. If you’re worried about this, consider getting a neutral third party involved through arbitration or mediation.

Make Sure Details Are in Order

If the divorce was filed under grounds you disagree with or you want to contest it over a specific issue, start collecting all relevant evidence to support your position in court. This evidence may include elements such as financial documents, photos or witness testimony.

Your attorney can use this evidence to help build a fact-driven case and work toward a favorable outcome.

If you want to avoid a contested divorce, you have several options.

• Uncontested divorce. Both you and your spouse agree on all terms and submit a settlement for court approval, usually without needing to appear in court.
• Arbitration. You and your spouse hire an arbitrator (often a retired or private judge) to hear both sides and issue a binding resolution.
• Mediation. You and your spouse hire a neutral third party to help you agree on all issues and submit the settlement to the court.
• Collaborative divorce. Each spouse hires an attorney for negotiation purposes only, agreeing not to take the case to trial.