A divorce is a stressful, often tragic situation for everyone involved. Too often, the resulting legal entanglements that make enemies of former spouses, can be even more devastating when there are children involved.
Anticipating a contested divorce should be part of your planning even before you consider taking the original legal action against your spouse. There are steps you should follow to protect yourself and all others involved in the action.
First, before you consider filing for divorce, consult a reliable, experienced divorce attorney you believe capable to represent you in the proceedings. Discuss your situation thoroughly, giving all detailed specifics for why you want to end the marriage.
Once the attorney is aware of your reasons, go on to discuss every possible aspect, such as financial settlement, child custody, property ownership and all other legal matters. While it’s natural for you to believe you are totally in the right, be honest with the attorney about the facts, as well as your expectations.
If the attorney agrees that you have a viable case and will represent you, understand fees and other expenses. Set up appointments to have further discussions and to prepare legal documents. Once you feel you have a strong legal case, set in motion your legal filing for the divorce.
However, whatever you do, don’t be overconfident that you are certain to win your case. Even if you feel you are the injured partner in the marriage, expect your spouse to contest the divorce, and be totally prepared for that to happen. When your spouse’s attorney presents action against you, along with your attorney, carefully study all legal implications, and discuss proper and effective ways to contest them.
A common mistake that happens at this critical stage of the courtroom proceedings is that both sides stubbornly cling to their divorce actions. Even if you’re hurt and surprised by your spouse’s charges, including the contesting actions against you, don’t let it cause a stalemate.
Refusal to compromise helps neither side in the dispute, and makes an already combative situation even more unpleasant. Therefore, before you go to court to answer the contested divorce action, be prepared to negotiate.
In many cases, where the reasons for the divorce have caused deep bitterness and anger, negotiation may be difficult. However, if you’ve thoroughly prepared yourself for all eventualities with your attorney, agreeing to a fair compromise can save considerable time and money.
Throughout the legal challenges, be aware that divorce is always a difficult time for you and your spouse. If there are children involved, the difficulty can extend into tragedy. To minimize these negative effects, be totally prepared to face a contested divorce with your best legal defense, honest facts and clear mind.