Contested Divorce in Columbus, OH

Even under the best of circumstances, divorce is often emotional and complex. There can be disagreements on issues like child custody, child support, asset and debt division, and alimony. While some couples settle these divorce issues amicably, most couples can’t agree and need the court to resolve their differences.

When the couples can’t agree on one or several divorce issues, they have a contested divorce. Some couples are so adversarial that they can’t agree even with the help of mediators. Divorce circumstances can also lead to a contested divorce. For example, a divorce involving considerable assets for division.

When the couples agree on the divorce issues, the process is often simple, short, and inexpensive. These Ohio divorce options with minimal disagreements include uncontested divorce and dissolution. While contested divorce is the most costly, long, and emotionally difficult, it is sometimes inevitable.

It is important to understand the Ohio contested divorce process incase you need to stand up for your rights. It is also advisable to seek the help of a Columbus divorce attorney to help you navigate the often complex and emotional process.

Common Reasons for Contested Divorces

Couples in a contested divorce cannot agree on one or several of the divorce terms. Some common areas of disagreement in an Ohio contested divorce include;

1. Asset Division. It is common to have disagreements on how to divide and distribute marital property, assets, and debts. Sometimes the couple can’t even agree on what is marital property and what is not and needs the court to decide.
2. Child Custody and Support. Custody arrangements, including visitation and parenting time, are often a subject of heated debate between couples. With each parent desiring an arrangement that favors them, custody differences can be hard to resolve. The sharing of child support obligations is another source of intense disagreements.
3. Spousal Support. Spousal support or alimony disputes also lead to intense conflict in an Ohio divorce. The main contentious issues include whether to pay, the amount, and the duration. Alimony disputes are common where there is a huge income or financial difference between the couple.
4. Other Issues. Disagreements in a contested divorce can also be due to other legal issues, including the distribution of social security and retirement benefits. The conflict may also be due to issues like pet custody.

Contested vs. Uncontested Divorce

It is critical to understand the differences between Ohio’s contested and uncontested divorces. The key difference between these two divorce approaches is the level of conflict and degree of cooperation.

Contested divorces often involve high levels of conflict where the couples can’t agree on almost everything. In some cases, the couple cannot even agree on the divorce itself. Disputes over critical issues like child custody and asset division often increase tensions. The disputes can make the divorce proceedings long and expensive.

In contrast, uncontested divorces involve a lot of cooperation between the parties. The divorcing couple agrees to end their marriage amicably. Both parties agree on almost all divorce issues and are open to mediation in case of disagreements. The couple is also willing to compromise and preserve good relations beyond the divorce.

The predictability of divorce outcomes is another difference between a contested and an uncontested divorce. Since it is the judge who determines the outcome of a contested divorce, it involves a level of unpredictability and uncertainty. In contrast, couples in an uncontested divorce can predict the divorce outcomes as they are the ones who decide on the divorce terms.

Contested divorces also take longer to resolve and involve higher costs. Lack of major disagreements leads to quicker resolutions and reduced legal costs in uncontested divorces.

The Contested Divorce Process

1. Filing the Petition. The process begins when one spouse files a divorce petition. The petitioner must clearly state the grounds for divorce. The other spouse (the respondent) must respond to the petition within a stipulated time frame.
2. Discovery Stage. This stage involves an in-depth scrutiny of both parties’ finances, including gathering and exchanging relevant information and documents.
3. Negotiations and Settlements. After the discovery phase, the couple and their attorneys will attempt to settle disputes on the divorce issues, including child custody and property division. This step may involve out-of-court solutions like mediation and arbitration. Contested divorces often involve emotional and prolonged negotiations and settlement attempts.
4. Court Trial and Final Judgment. Some couples can’t agree even after prolonged negotiations and their case has to go to trial. The divorce process ends with the judge issuing a final judgment or divorce decree. The divorce terms in the final judgment must be acceptable and fair to all parties.

Why You Need a Lawyer in an Ohio-Contested Divorce

A contested divorce is the typical high-conflict and angry confrontation divorce. It can be stressful for all parties involved, including children. The complexities of the disagreements also make the process long and expensive. Contested divorces also involve complex legal requirements like responding to court petitions within a stipulated period.

Dealing with the legal complexities and stressful negotiations is challenging for most people. However, a knowledgeable and experienced Columbus, OH divorce attorney can offer the necessary legal support and guidance to navigate the emotional and legal complexities. A lawyer will guide you on how to settle critical divorce issues like child custody, asset division, and spousal support. They will also negotiate on your behalf and represent you in the court trial if necessary.

Contact a Columbus Divorce Attorney

If you are in Columbus, OH, contact our skilled and experienced divorce attorney at The Law Office of Jessica G. King. We understand the nuances of Ohio’s divorce laws on issues like child custody and property division. We will guide you through your contested divorce. We have the skills to get you a favorable outcome in and out of court. Contact us today to schedule a consultation and learn more about our services.