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When amicable doesn’t work, you might need a contested approach

On Behalf of | Jun 6, 2024 | Family Law

For many people, divorce is synonymous with court battles and unending conflicts. But this might not be the route you want to take. Perhaps you want a peaceful divorce to save yourself and/or your kids from the trauma of protracted court battles.

However, sometimes, what you hope for might not be attainable, and you may need to consider a contested approach. Even though protested divorces have a bad reputation, there are situations where they’re necessary to help achieve permanent solutions so you can move on with your life without looking back.

Lack of communication and cooperation

The key to pulling off an amicable divorce is absolute and total cooperation from your spouse. Suppose they only cooperate when it favors them and become stubborn when you need a compromise; you might want to change your approach.

Your and your spouse’s communication should also be efficient in order for you to arrive at solutions that serve both parties. If the divorce has invertedly caused a breakdown in communication, you might not pull off a peaceful divorce.

However, litigation can enable you to secure fair terms of separation that you won’t need to challenge a couple of months or years after the divorce.

Disagreements on key issues

When you were married, you probably made many subconscious compromises about key issues each party made to help ensure the marriage worked. Now that the marriage is ending, both you and your spouse have no incentive to continue making these compromises.

You might realize that you actually disagree on a lot of key issues because each party now wants the opportunity to do things their way. For instance, you might have collaboratively raised the kids during the marriage, but now that the marriage is no more, you might want to try a different parenting approach.

By opting for a contested divorce, you can allow the family court to make the final call on these key issues. This way, a legally binding agreement will decide how you divide assets, raise the kids and so on.

It can be disheartening to realize that your desire for an amicable divorce is not attainable. However, you won’t have to settle for the extreme end of the spectrum. By employing the services of a trusted legal team, you can hope for your contested divorce to unfold as peacefully as the situation can allow.