Debunking the Top Five Myths of Contested Divorce

 Posted on July 31, 2023 in Divorce

Contested divorces can be emotionally and financially draining, often leading to misconceptions about the process. These myths can create unnecessary stress and uncertainty for individuals considering or going through a contested divorce. Today, we will discredit the top five myths surrounding contested divorces and provide a clearer understanding of the reality. Regardless of whether your divorce is contested or uncontested, hire a divorce lawyer to represent you in the proceedings.

Myth #1 – A Contested Divorce is Always a Lengthy and Expensive Process

While contested divorce can indeed be complex and time-consuming, its duration and cost will vary depending on the specific circumstances of each case. Some factors that influence the length and expenses of a contested divorce include the level of disagreement between spouses, the complexity of financial assets, and the willingness to negotiate. Engaging in mediation and maintaining clear communication channels can help streamline the process and thus reduce costs.

Myth #2 – Fighting for Custody Always Results in Sole Custody

Contrary to what many believe, contested divorces do not automatically result in sole custody for one party. Courts prioritize what is best for the children involved, considering factors such as the child’s relationship with each parent, parental fitness and stability, and the ability to co-parent effectively. In many cases, joint custody or a customized custody arrangement that serves the child’s interests is preferred over sole custody.

Myth #3 - The Court Will Divide Assets and Debts Equally

In many jurisdictions, including community property states like Texas, couples’ assets and debts are divided equitably. The court considers factors such as each spouse’s financial contributions to the marriage, earning capacity, and more. It is important to ensure that accurate financial information is provided to the court to guide their decision-making process.

Myth #4 – Hiring a Lawyer Means Going to Trial

While many people believe that hiring an attorney for a contested divorce automatically entails a lengthy courtroom battle, this is not always the case. An experienced divorce lawyer will advocate for your best interests and explore all avenues for resolution, including negotiation, mediation, and settlement discussions. Going to trial is considered a last resort when amicable resolutions cannot be reached.

Myth #5 – Contested Divorces Guarantee a Destroyed Relationship

While it is true that contested divorces can strain relationships due to disagreements, it is possible to maintain a civil relationship post-divorce, especially when children are involved. Effective communication, cooperation, and a focus on the well-being of children can foster a better co-parenting relationship. Seeking support from therapists or mediators can also assist in managing emotions and promoting efficient communication.

Contact a Rolling Meadows Divorce Lawyer

For your contested divorce, you need the highest quality legal guidance available. Contact the Arlington Heights, IL divorce attorney with Law Offices of Donald J. Cosley. Call 847-253-3100 for a free consultation.

Source - https://www.forbes.com/advisor/legal/divorce/contested-divorce/