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If
Contested Divorce
In
a contested divorce the parties (spouses) cannot
agree upon the divorce or any one aspect of the
divorce or final decree. A contentious
custody or property battle falls into this
category. Each spouse typically hires a
divorce or family law attorney to represent
them.
While these matters can result in a lengthy
trial, with the help of an experienced family
law attorney, the parties can often times
negotiate and possibly mediate in order to reach
a settlement and divorce decree that both
parties can agree on. The earliest a
divorce can be granted is 60 days after the
petition is filed, but could take much longer
depending on how long it takes to reach an
agreement. There is no maximum time limit
in which a divorce must be finalized. Therefore,
it is feasible that a divorce proceeding could
last anywhere from 60 days up to several years.
Contested Custody
A
custody fight is only appropriate when it is in
the best interest of the children. Parents
are often devastated by the idea that there will
be periods of time when they will be without
their children. Reality dictates that both
parents will be able to spend a significant
amount of time with the children and will be
without the children for significant periods of
time, regardless of who is the primary
custodian.
The
parents needs and desires to punish or exact
revenge against the other spouse should not be a
factor. A custody battle will be expensive, will
probably be harmful to the children emotionally,
and will make parenting with the ex-spouse
difficult in the future.
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