When one party starts the divorce proceedings, but the other side is not interested in getting a divorce, the divorce is contested. Contested can also refer to a divorce where both parties desire to share assets but cannot agree. The only need for a divorce in Wisconsin is that one spouse deems the union to be “irretrievably broken.”
Do you concur with your impending ex-spouse regarding every aspect of the divorce? Most likely not.
Divorce should probably be fought if there are significant issues. You must contact a West Bend divorce lawyer to get help with this.
Divorce: Contested vs. Uncontested
Understanding an uncontested divorce is the key to understanding a disputed divorce.
When the parties can agree on all the key divorce issues, the divorce is said to be uncontested. Parties must be able to cooperate even if they do not know exactly how everything will operate. The parties file the paperwork jointly in uncontested divorces.
A disputed divorce occurs when the parties cannot agree on one or more critical divorce-related issues. Significant difficulties include property partition, alimony, child support, and child custody/placement. When parties file for divorce individually, most divorces are contested.
Causes of Divorce
In law, “grounds” are the rationale or basis for taking a particular action. In Wisconsin, the only need for obtaining a divorce is that one spouse declares that the union is “irretrievably broken.” Therefore, it still occurs even if the other side refuses to accept the divorce. If the party filing for divorce still desires it, the other party cannot legally halt the divorce.
Litigation Contesting
The legal process is used in contentious divorces. To ensure that the divorce is disputed, a divorce may occasionally be contested. Litigation denotes a court proceeding when the judge hears the case according to established procedures.
When parties cannot agree on crucial issues, litigation is required. It provides a setting where the current problems can be explored and resolved. Even if the parties to a divorce agree on all but one crucial matter—for example, whether one wants exclusive custody—the divorce is still contentious.
Disputed Divorce Procedure
The traditional divorce procedure is used in contentious divorces. This means that after the initial filing, the other party must be served and that there will be an initial hearing, a pretrial conference, a trial, and a finalization. The case does not need to go through all of the processes if the parties can reach a compromise quickly and agree on a settlement.