When someone mentions the words “contested divorce” a lot of people hear something between a whisper and a full blown shout in their ear that replaces the word “contested” with “messy.” While there are some instances where a contested divorce can be messy or contentious, with an open mind and a good lawyer on your side, the process does not have to be difficult or nasty, and it is even possible to come out as friends and good co-parents.
What is a Contested Divorce?
When two people decide to get divorced, they each develop their own vision of what life after divorce should look like. This includes how property should be divided, where the kids will live, how much time they will spend with the other parent, where retirement monies should go, and more. When these two visions clash, the divorce is contested. Because each person has a mix of their own best interests, and the interests of the other spouse and any children from the marriage, most divorce cases start out as contested divorces. Many of these can become uncontested, or can at least be presented to the court with fewer points of contention by the time the judge hears the case. Most of the time less animosity is better for all concerned.
How an Attorney Helps With Contested Divorce
Legal dramas have many people thinking the point of a divorce lawyer is to make sure there is a winner and a loser in a divorce, and the right lawyer helps you get what you want. However, the only way to truly “win” is to walk away with as much peace of mind as possible, despite difficult circumstances. An attorney helps you keep a clear head in a situation where emotions can run high and helps you determine what you need and deserve post-divorce. They will help you ask for what is necessary, and find places where you can and should concede to your spouse. Some issues that need to be ironed out before a divorce is final include
- The division of marital property- property obtained by either spouse during the marriage that is not a gift or inheritance
- The division of debt incurred during the marriage
- Developing a parenting plan that is suitable for both parents and created with the best interests of the children in mind
- How financial child support is managed
- Whether or not spousal support (alimony) should be received, and how much is appropriate
When a couple cannot agree on these things, the court makes these decisions, but with the help of an attorney from The Platt Law Firm in Roswell, GA many of these issues can be settled before your court date. We are able to keep you informed of your rights during any negotiations and can communicate with your spouse’s attorney on your behalf. We can also arrange mediation sessions that will allow you and your spouse to negotiate in a place where you both feel safe. Since emotions can run high in any divorce, mediation allows for discussions to be controlled within certain parameters that bring a higher level of clarity as each issue is discussed.
Building a Strong Case
While The Platt Law Firm has been working hard to help our clients find common ground with their spouses, in the case of contested divorce for nearly two decades, our experience has shown us that even when you are seemingly on the same page, it is still best to be organized. Throughout the process, various legal forms need to be filed with the court, and you will also need to have your financial records in order to help assure that asset division is done fairly and correctly. While we always hope that you and your spouse can reach an amicable resolution, if needed, we can and will vigorously represent you in Court.
There are many things that different divorces have in common, but at Platt Law Firm in Roswell, we never lose sight that no two experiences are identical. Each has its own unique bumps along the way. For help navigating through yours, contact the Platt Law Firm in Roswell, GA at 404-255-3434 to schedule a consultation with one of our attorneys.