In almost all circumstances, divorce creates stress. When a divorce is contested, it can be even more stressful for everyone involved. However, contested divorce can also be a tool used to ensure the divorce is settled fairly for both parties. If you’re considering divorce and anticipate disagreements with your spouse, it is highly likely your divorce will be contested.

Read on to learn more about contested divorce and how you can lessen your stress throughout the process. For questions or to discuss your particular situation, contact experienced Milwaukee divorce attorney Odalo Ohiku at The Ohiku Law Offices in Milwaukee.

Defining Contested Divorce

A divorce is considered contested when the involved parties disagree on one or more of the issues at hand. A divorce could be contested because only one party wants the divorce while the other does not. A contested divorce may also happen when the involved parties disagree on child custody arrangements, child support and placement, alimony, how to split up assets, or another major issue.

An uncontested divorce is when both parties agree on most or all major issues, are willing to work together, and make the decision to divorce collaboratively. This is a far less common scenario than contested divorce.

Contested Divorce Scenario: Only One Party Wants a Divorce

In the State of Wisconsin, only one spouse needs to file for divorce with the justification that the marriage is “irretrievably broken” for a divorce to proceed. The other spouse then needs to respond to the divorce filing within 20 days or the court may decide to proceed with a default divorce in which the filing party gets everything they requested. The only reason the divorce process can be stopped is if both spouses agree to do so.

A scenario in which only one party wants a divorce is considered a contested divorce.

The Upside and Downside of Contested Divorce

It may be hard to imagine an upside to contested divorce, but it can be an important tool in ensuring the outcome of a divorce is fair to all parties involved. When spouses disagree on critical issues like child placement, child custody, and alimony, their divorce becomes contested and goes in front of a judge for litigation. This means an objective, experienced third party (the judge) will have the final word on the outcome of these important decisions after weighing what is fair and in the best interest of all parties.

A contested divorce that goes in front of a judge for litigation is also important in a situation in which one spouse is manipulative, abusive, or tries to impede the divorce process from coming to a fair conclusion. The judge can take all information into account and render a judgement that is legally binding and fair to both parties despite the efforts of one to impede the process.

Contested divorces do have their downsides. Usually, a contested divorce takes significantly longer than an uncontested divorce. At minimum, a contested divorce will take four months, though some can take years. The quicker the spouses can come to an agreement or compromise on all issues, the quicker the divorce process will conclude. Because they take longer, contested divorces are generally more costly and stressful.

Contested Divorce Scenario: Spouses Agree on Everything Except One Issue

A divorce is considered contested even if spouses agree on all major issues but one. Divorce can become an extremely complex process for people with children and/or considerable assets to be divided. Child custody, placement, and support are highly emotional and nuanced issues that can spur major disagreement and cause a divorce to become contested so it can be litigated in court. Contestation of a divorce is also necessary when parties disagree on how to divide assets; even though Wisconsin is a marital property state, meaning assets are divided evenly between divorcing spouses; there is a lot of grey area. Intervention by a divorce court can lead to a fairer settlement when one or both parties disagree on how assets should be divided.

The Best Tool for Navigating Contested Divorce

Divorce isn’t easy, and a contested divorce can quickly become overwhelming. If you’re facing a contested divorce, the best thing you can do for yourself, your spouse, your children, and your assets is to hire an experienced Milwaukee divorce attorney. An attorney will be able to assess your particular situation, answer questions, provide expert guidance, communicate with the courts and judges, assist with paperwork, and help you avoid common roadblocks and mistakes.

Divorce doesn’t just affect the spouses. Hiring an attorney with the knowledge and compassion to handle delicate divorce cases involving children is critical. Attorney Odalo Ohiku of The Ohiku Law Offices of Milwaukee has extensive experience with child custody and placement and alternative dispute resolution so you only need to make one call.

For questions about contested divorce or to get started working with one of Wisconsin’s premiere divorce attorneys, contact The Ohiku Law Offices today.