It may come as a surprise to you that some things can cause a divorce to become contested. For example, mental cruelty, alcohol or drug abuse, or even abandonment. These can all result in a court battle that costs thousands of dollars.
Adultery
Adultery in a contested divorce can be a severe issue. Not only can it affect the spousal support payments but also the distribution of assets.
A spouse’s infidelity may also hurt child custody. The court will consider the children’s best interests in making decisions on such issues.
Sometimes, a spouse may be ordered to stay away from the kids during visitation. While this doesn’t always happen, it is possible. However, adultery in a contested divorce does not necessarily mean a parent is not a good parent.
Proving that a spouse was involved in adultery isn’t always easy. It requires strong evidence that the cheating spouse engaged in sexual intercourse with another person. Some examples of evidence are text messages or emails.
Abandonment
You must prove your case when you file for a contested divorce. You must meet residency requirements and prove your case to the court. In the end, your claim will depend on how much evidence you have. Your prospects of obtaining the divorce you want are better the more evidence you can substantiate with the aid of the professionals at Tully Rinckey.
There are several different reasons for a contested divorce. One of them is abandonment. Abandonment is when a spouse leaves without the other’s consent.
This type of desertion is not shared. However, it can give you a leg up in negotiating a settlement.
To show that the other spouse left, you will need to prove the following.
Mental cruelty
If you are considering divorce based on mental cruelty, you may be unsure if you have a strong case. This is because this type of action depends on specific facts.
You need to prove that your spouse is causing you mental suffering. You may need to gather evidence from a therapist, expert, or physician. For example, if your spouse takes you to an anger management class, you can use the evidence to support your claim.
Your spouse’s conduct must be so severe that it jeopardizes your well-being. For example, if your spouse has been sterilizing you, you may be able to establish that your continued cohabitation is not healthy.
Alcohol and Drug Abuse
If you are getting divorced and have a spouse with a substance abuse problem, you should be aware of how it might impact the process. A sober partner has a definite edge in negotiations.
The legal consequences of a spouse’s drug or alcohol use can be significant. They can cause a marriage to break down and could ultimately lead to a divorce. This is not to say that you should be ashamed of your spouse’s addiction, but instead that you should take steps to protect yourself.
A sober spouse may even secure a favorable settlement without appearing in court. However, if you are in a custody, child support, or spousal maintenance dispute with a straight spouse, you might think about contacting an experienced attorney from a firm like Tully Rinckey law.
Spousal Support
Spousal support is one of the topics that will be discussed during a disputed divorce. When determining how much support to grant, the court will take into account a number of variables.
The goal of spousal support is to maintain the dependent spouse’s lifestyle. It is given to a spouse who makes less money than the other spouse and is determined by the income gap. However, if there has been a significant change in circumstances, the court may alter the amount of spousal support.
Spousal support usually ends when the person receiving spousal support remarries or when the recipient dies. Several reasons can prevent a spouse from receiving spousal support, such as financial misconduct or a substantial contribution to another spouse’s education.
Costs of a Contested Divorce
The costs of a contested divorce can be staggering. You can expect to spend thousands of dollars on attorney fees and court fees. If you want to avoid expenses, consider mediation. This process aims to help you and your spouse reach a common ground. It can also result in a stipulated judgment that can benefit you and your spouse.
One of the most important aspects of mediation is that it can save you money. Typically, the cost of mediation will be less than the total cost of a traditional divorce.
The costs of a contested divorce can vary widely depending on how many issues are involved. Generally speaking, the more points you have, the more expensive it will be.
