Why Are Divorces Contested?
A contested divorce is a lot more difficult to handle than an uncontested one. With uncontested divorces, where everyone is on the same page, you could be lucky enough to negotiate a deal with a spouse with minimal legal representation and get what you need. The trouble is that the foundations of your marriage have gone, and it can be difficult to maintain trust or reach a fair conclusion that keeps everyone happy. That’s when separations and the desire for divorce lead to some tense mediation sessions and the need for further legal help. Here are some of the reasons divorces become contested and how to find an Illinois lawyer who can help.
5 Common Reasons For A Contested Divorce
1) Unrealistic Demands/Expectations
This is a common issue that leads to contested divorces. There’s no way for a divorce to be 100% amicable and straightforward when one partner expects too much of the other. It will take a skilled divorce lawyer to help determine what unrealistic actually means concerning the case. The subjective nature of the term means that it’s easy for arguments to erupt over who’s in the right and wrong. That’s where it helps to have things in writing, which leads us to the next point.
2) Breaking Prenups/Postnups
It’s a good idea for couples to enter into a prenuptial or postnuptial agreement to make sure everything is in writing in case things go sour. The idea here is that both parties will follow the agreement for a clean separation and uncontested divorce. However, if one spouse decides to deviate from that, that’s where a lawyer can help. Also, there is the risk that the pre/postnup isn’t enforceable for some reason. If a spouse decides to file to invalidate the prenup, the couple goes back to square one. Lawyers can go over phases and clauses with a fine-toothed comb to find the airtight clauses and the ones that aren’t fit for purpose.
3) Financial Concerns
Financial concerns with divorce settlements can depend on the situation. In some cases, spouses may simply feel that the amount offered in the split is unfair. For instance, there are concerns that one party may be trying to gain a share of the money they aren’t entitled to or that they are concealing assets of some kind. Everyone needs to be as upfront as possible going into a divorce to stay amicable. But if someone was investing in property on the side and in secret, that could throw a spanner in the works when it comes out.
4) Accusations Of Mistreatment
A divorce should be a chance for mistreated spouses to get a clean break from an awful situation and a fair settlement. However, that’s easier said than done when filing against someone abusive. Abuse isn’t always physical, as emotional manipulation and blackmail can see one spouse coerse the other into taking less than they deserve. Abused spouses can fight for their rights with a skilled divorce lawyer on their side and contest the divorce.
5) The Best Interests Of The Children
Last but not least, there’s the issue of children being shared with the spouse. Both parents should want nothing but the best for their children coming out of a divorce. That means the right financial settlement for child support and a clear plan for custody rights. The problem comes when parents can’t agree or one decides to take away all rights from another. There will be times when it is in the best interests of children for them to have no contact with one parent. However, those at risk of being unfairly shut up have the right to contest and hire a skilled divorce lawyer.
Bringing In A Divorce Lawyer
When you’re dealing with a contested divorce, whatever the reason, you want to be sure you have the right support from an expert legal team. That means making sure you hire Illinois divorce attorneys with the reputation, skills, and experience to get the results you need.
Finding a team with a good reputation is essential. To start with, you want to be sure that they are certified. Then, you can look at other forms of accreditation and information about the education of the firm’s team. Beyond that, client reviews are usually a good indication of a company’s work ethics and how lawyers conduct themselves. Are the majority of people pleased with the work put into a case file for court and the knowledge shown? Was the lawyer empathetic enough for a delicate situation?
These testimonies, along with case studies on a company website, can also give an idea of the years of experience a team brings to proceedings. You want someone who’s seen their fair share of contested cases and dealt with some tricky situations. A local firm that’s earned a reputation over the years is sure to have seen many couples through their divorce.
Finally, there’s the factor of their skillset. A law firm specializing in divorce should have representatives with experience in very specific areas. The hope is that those individuals will be able to take on your case where appropriate and get a quick and easy victory. For example, there are some lawyers who focus on cases involving custody and children’s court issues. Others will be experts in cases dealing with domestic violence. Then, some are better suited to mediation in uncontested cases.
Prepare For Contested Divorce With Expert Help
Contested divorces don’t have to get ugly when you have the best legal team on your side. Find a local divorce lawyer that meets all the criteria above and specializes in your current situation. These legal experts can help you make a case against an unfair settlement if you feel you’re being taken advantage of or mistreated. They can also help you fight accusations of mistreatment or unfair demands in a divorce settlement. What matters here is that everyone gets a fair deal and can leave the divorce process in the best place possible to move forward.
