Divorces can either be contested or uncontested. When individuals file for divorce, this will be stated based on their fault grounds. If they do not claim a fault ground, then it can be an uncontested divorce, allowing them to solve their problems without having to enter into litigation. However, a contested divorce may cause them to enter into litigation. For an uncontested divorce, a fault ground is claimed. This may mean that the spouses cannot decide on aspects together and cooperate in a manner that would allow them to enter mediation sessions. Due to this, litigation may be the only way to solve their marital issues.
Sometimes divorces can start off uncontested and become contested. If couples decide to use mediation as a way to solve their problems, they may go into it without understanding how difficult it can be. The cooperation of both spouses is needed to solve marital issues. Both spouses need to be open with one another and respond appropriately. Otherwise, they may have to have their issues solved for them in court. This can make their divorce become contested if they are unable to cooperate during mediation.
Mediation can be ended at any time during the process. There are many sessions to solve issues at the pace that the spouses set. They can take as long as they need. Sometimes they are able to solve issues more quickly. Since the cooperation of both spouses is required for this process, it may be a difficult process to complete. Multiple sessions are needed to decide on many issues, such as child custody, alimony and more. If one spouse is not satisfied with the outcomes that are being decided, they can opt to end their mediation sessions.
If mediation is ended, couples may need to enter into litigation to have their decisions made for them by a judge in court. The judge takes many factors into consideration to decide the best possible outcome for the spouses and the other family members involved, such as children. For the division of assets, the judge will consider what is marital property and what is separate property. This can help them decipher what assets should be given to each spouse. For issues involving the children, the judge should always put the best interests of the child first. The child’s well-being is first and foremost the most important aspect. The judge will consider aspects relating to each parent and how equipped they are to raise a child. Not only will this taken into account child custody arrangements, but it may also involve child support payments. Furthermore, alimony may be another marital issue that a judge will consider as well.
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