What can I expect from a contested divorce?

What can I expect from a contested divorce?

With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including: prepare, file, and serve (deliver) the divorce petition (legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage) respond to the petition.

What happens if an uncontested divorce becomes contested?

A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court.

What happens when one person wants a divorce and the other doesn t?

The truth is that if one person wants a divorce, it can happen. The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.

Do I have to pay half the mortgage if I move out?

You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.

Can my partner force me to move out?

The short answer is yes, you can force a Spouse to leave the marital residence. But there are requirements that must be met in order to have a sole legal claim to the marital home. An agreement between spouses on who is to move out and situations of domestic violence are examples meeting the requirements.

Can I force the sale of my house in a divorce?

If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.