Contested Divorce Laws

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Divorce can be a devastating process that can lead to extreme situations. People should make sure that they do not concentrate on the negative part only as that can lead to a lot of mental pressure. There might be people who would get affected by the divorce procedure and become victims of divorce but there would be people who would consider divorce as a nice way of ending a painful relationship.

Let us consider that both spouses agree with each other to divorce but do not accede with one another regarding the issues of the divorce like child custody, assets distribution etc. This is a case of a contested divorce. Each state in the United States has laid down different divorce laws regarding contested divorce in the respective state. Accordingly, the spouses in different states undergo different steps for the divorce to take place. An attorney should be consulted from time to time as they have complete knowledge about all the laws prevailing in the state.

Illustrations of Contested Divorce Laws


  • Some legal grounds of divorce are as follows
    • Habitual intoxication
    • Drug addiction
    • Mental illness
    • Adultery
    • Impotency
    • Blood relation marriages
  • In case of child custody, the judge views which parent has the capacity to take care of the child to make them the custodian. In case the child has crossed 14 years of age, the child has the right to select the custodian.
  • While deciding the property distribution, the court observes that the property of each party remains with that said party. The rest of the property is divided equitably which does not always mean equally.
  • The judge is empowered to advise the couple to opt for counseling with an aim of reaching a settlement on specific issues of the divorce


  • One or both of the spouses filing for divorce must be residing in this state for minimum 6 months prior to the date of filing
  • Non residents are not eligible to file for divorce
  • Some legal grounds of divorce are as follows:
    • Domestic violence
    • Incompatibility
    • Crime against nature
    • Adultery
  • If the couple decides on separation agreements, the court may award legal separation to the couple rather than divorce


  • The legal ground for divorce is that the husband and wife should have resided apart and separate for minimum 2 years
  • The husband and wife may opt to file for a legal separation divorce. In this case, the spouses are separated but the marriage is not cancelled
  • The property division takes place fairly and equitably. This does not imply a 50:50 division of property

From the above examples, it is clear that the states in the US have specified laws for contested divorce. The spouse heading for a contested divorce should approach a competent lawyer and gain information regarding the following.

  • Divorce laws
  • Divorce steps
  • Divorce documents
  • The advantages and disadvantages of undergoing divorce in the specific state

A very simple fact is that contested divorce proceedings continue for a long period. So, it is recommended that the couple seeking divorce tries to reach a settlement agreement and thereby avoids the court litigation. Mediation is a process that should be followed by the couple. In this process, couple talks to each other in the presence of a neutral party who can explain them the result of their decision in detail. The neutral party is also called mediator as they help the couple in settling their issues. The process is dignified and saves a lot of money and time of the couple.

There is no point fighting over the things that went bad in the past, it is more important to think about the future and the kids. In cases where the couple has kids, they should try and sort things out in order to save the children from the hazardous effects of divorce. Also, kids should be explained the situations so that they can help their parents in coping up with the situations.

All the information stated above about the laws prevailing in different states is authentic and will help the couples in ending their relationship in a dignified manner. It is not always necessary to fight; sometimes things can be sorted out just by talking to each other. One major thing that the couple should keep in mind is that the attorney should be kept in loop so that the right decisions are taken at the right time.

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