What is a deliberate divorce

Disputed Divorce: When Spouses Disagree

11.09.2020 | Category: Family Law | Divorce & Separation

A contentious divorce is time-consuming. Time, nerves and, above all, costs are important resources that nobody wants to waste lightly. However, this type of divorce can still be worthwhile. Especially if you feel strongly disadvantaged in the following matters. How does a litigious divorce work? What length of divorce should I expect in the event of a disputed divorce? You can read all about it in this article.

1 What is a litigation divorce? - Quite simply explained

  1. A contentious divorce comes about for two reasons. Either: one spouse wants to get a divorce - the other does not. And / or: The spouses are involved in the consequences of the divorce disagree.
  2. ‌This form of divorce lasts longer than the consensual divorce. Sometimes it can last for years. The duration of a disputed divorce depends on the spouses' willingness to compromise.
  3. A controversial divorce therefore also costs alot more as a friendly divorce.
  4. ‌ In order to bring their own concerns through to court, each spouse should get one Lawyer be represented.
  5. ‌Even if the spouses disagree - one Year of separation is in any case a prerequisite for a divorce.
  6. a Mediator or Lawyer for family law can help the couple to settle the disputes without a court (out of court).

2 Contentious Divorce: Importance

A contentious divorce, also known as a contentious divorce, can come about for two reasons:
  1. Disagreement about the divorce itself: One spouse wants a divorce, but the other agrees Not a. In this case, the divorce can still be carried out. The prerequisite for this is that the court considers the marriage to have finally failed. This can be demonstrated in two ways:
    ‌• Completed year of separation: If one spouse refuses to divorce after the year of separation, the other spouse can often still obtain a divorce. For this, however, the court must present good reasons for the divorce to the court.
    ‌•3 years separation: It sometimes happens that the spouses have lived separately from each other for 3 years. Here the marriage is automatically considered to have failed. A divorce, even against the will of a spouse, is possible.
  2. Disagreement in the consequences of the divorce: If the spouses agree on the divorce, but no amicable settlement of the divorce-related matters is possible, the divorce will be disputed. The more the spouses are in agreement on the following matters, the faster and cheaper the divorce proceedings will be. "Divorce issues" or simply "secondary issues" are topics such as asset allocation, maintenance, custody, etc.

It is recommended that an out-of-court settlement be found on as many subsequent matters as possible. The agreement in the subsequent matters is at best subsequently in a Divorce Consequences Agreement written down. If you are in agreement on all subsequent matters, the divorce process will not take long because the divorce is amicable. But even if a consensus is only partially found, an agreement on the consequences of divorce makes sense. So at least part of the deal is contractually secured. The other part will decided by the court.

3 When does a litigation divorce make sense?

‌If arguing makes sense is a good question. In order to be able to answer this question, one has to know what one is arguing about. If, after this consideration, the goal still justifies the means, a dispute is a possible way of getting there. Here the emphasis is on "possible". Why? Because a litigation divorce is often a difficult and risky process, one in which you never know for sure whether the goal will be achieved. The outcome of the dispute in court is usually open. This uncertainty and the length of the process can quickly overwhelm the newlyweds. If there are children, the procedure can become even more of a burden.

A contentious divorce makes sense especially when a spouse would like to agree on the ensuing matters to their advantage. Compromises are possible, but nobody should be disadvantaged. For this reason, a controversial divorce should always be considered very carefully. The couple is therefore well advised to take a first step to find out more about the topic. You will find everything you should know about divorce on our advice platform. In a second step, you can still do one Lawyer Describe your situation and ask him for advice. A litigation divorce should only ever be your last resort in sorting things out with your future ex-spouse. You can read about the advantages of a consensual divorce in our article "Consensual Divorce".

Do you feel that you will be at a disadvantage in the aftermath of the divorce? Does your spouse persuade you to make agreements that you don't really want? A divorce does not have to be consensual. Play it safe and get legal support in our advisory area. In this way, later problems can be better avoided.

4 How does a litigation divorce work?

‌ In the process, a litigation divorce is almost the same as a consensual divorce. The stages themselves remain the same. The prerequisite for the divorce proceedings to even begin is that the marriage has failed. The spouses usually prove this with a successfully completed year of separation. The law stipulates that the couple must live or live separately from each other in the year of separation. During this time, the area of ​​life of one spouse must be completely separate from the area of ​​life of the other. You can read about the details of the year of separation in our article "Year of separation".

‌During the year of separation, it makes sense to agree on the consequences of the divorce in a so-called consequences of divorce agreement. A lawyer specializing in family law will explain to the still-married couple in advance which agreements are possible. If no agreement is reached in the subsequent matters, the divorce is disputed and the court has to decide. Subsequent matters are all matters on which the couple has to come to an agreement; So maintenance, apartment, house, financial circumstances, custody etc.

‌There is a long back-and-forth in the contentious divorce, which can drag on for a long time. It is best for both spouses to hire their own lawyer to represent them in court. Who himself can not be represented by a lawyer, usually has one Disadvantage in court proceedings. Why? Requests about the follow-up matters must be submitted to the court so that a decision can be made on these matters. Such an application can only be submitted by a lawyer. It applies Compulsory lawyer. If a spouse does not have a lawyer of their own, they cannot submit any requests for follow-up matters. The soon-to-be ex-spouses should therefore not take any risks, but seek legal assistance. In our advisory area you will find proven lawyers for family law.

‌An important aspect is also that Pension equalization. The pension entitlements acquired during the marriage are settled upon divorce. It is carried out automatically “ex officio”. Unless the couple excludes him or the marriage lasted less than 3 years. The Pension adjustment and the main thing are the only points that the court automatically performs.

‌At the court date, you have to all personally present be - both still-spouses and both lawyers. At the end of the divorce date, the family court will issue a decision. If the couple has already recorded all the follow-up matters in an application and submitted them up to a maximum of 2 weeks before the court date, they will be submitted all subsequent mattersononce negotiated. This procedure is called "Composite process". All applications that the couple does not submit by the deadline must be filed in one place after the divorce proceedings have ended own procedure be managed.

‌If the application for a follow-up matter is only submitted after the deadline has passed, the court will not regulate this application in joint proceedings. This application will then be dealt with in a separate procedure.

5 Can I Postpone Divorce?

‌ The purpose of a litigation divorce is to get personal concerns through, even if the spouse is against it. One partner wants this - the other wants that. One partner submits the application - the other refuses to agree to the application. Anyone who consciously wants to prolong a divorce has many options for doing so. Such a person asks himself the following questions: How exactly can one deliberately delay a divorce? How long can I delay a divorce decision?

5.1 Reasons for procrastinating

There are always cases in which a spouse lengthens the divorce process. There are those spouses who disagree with certain divorce issues and therefore simply do not want to agree to them. Then there are also those who see marriage as an advantageous legal status and want to use it for their own purposes. A common reason for the delay is the separation maintenance. Because it is sometimes uncertain whether and in what amount there is a maintenance claim after the divorce, spouses repeatedly try to postpone the divorce decree. So they live longer in separation and can therefore longer Separation maintenanceRespectively.

‌There are some tips for postponing your divorce settlement. For example, it would be possible to take sick leave for the court date. In the same way, you can submit a request for information about maintenance, gain compensation or other follow-up matters at the court hearing. That, too, keeps the divorce going for a while.

‌ For all of the tips and ways to extend the duration of a divorce, check out our How Long Does a Divorce Last? Article.

‌ It should be noted that postponing should be carefully considered. The financial outlay and personal resources that the length of the divorce period of a contentious divorce entails should not be underestimated. For this reason, you should definitely clarify with a divorce lawyer whether it makes sense at all to delay the duration of the process.
Sometimes it can be beneficial to prolong the duration of the divorce. The reasons for this are different. For example: a spouse wants to receive separation maintenance for a longer period of time. A deliberate delay should, however, be very carefully considered.

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6 Costs of a litigation divorce

‌One of the major disadvantages of litigation divorce is the cost involved. The Procedural value is the basis for calculating the Legal fees and Court costs. With each divorce-related matter that is included in the joint proceedings, the value of the proceedings increases.

‌But not everything has to be settled by a court. The court only regulates ex officio main thing as Pension adjustment. The divorce consequences can of course also be settled out of court and by mutual agreement - in the so-called divorce consequences agreement.

"Here's the complete guide to the costs of a divorce.

7 How long does a contentious divorce last?

‌A contentious divorce proceeding is a bottomless pit in many cases. How long it takes before a divorce decision becomes final and the spouses are officially divorced depends on several factors.

‌First of all, it is important to note the following individual issues: How agreed are the spouses about what happens to the children, the apartment, the maintenance? Then that too Ability to cooperate The spouse is decisive: If a spouse is consciously passive and prevents a quick conclusion through targeted actions, such as not appearing at the court date or the like, then the divorce takes longer.

‌A general assessment of how long a divorce lasts in a dispute impossible. If the spouses argue for a long time about the various follow-up matters, it can even take several years for a final judgment to be reached. The fact is that it usually lasts much longer than a friendly divorce.

‌Read all the important information about the duration of the divorce.

8 A mediator can help with a litigation divorce

‌ A mediator is a mediator who leads the conversation between the spouses in a neutral setting. He supports them in Compromise to achieve independently. Mediation tries to meet the needs of both spouses in the best possible way and creates the framework for an objective discussion. The mediator appears completely neutral. The great advantage of a mediator: He helps resolve the dispute to settle out of court.

‌The atmosphere of trust that is required helps the couple to find common solutions more easily. A courtroom itself creates a threatening atmosphere - a few sessions with a mediator, on the other hand, take the pressure out of the situation for some couples. If the spouses are hopelessly divided and have perhaps already come through a failed couple therapy, but there may be no way around the court. But you can always try out mediation.

‌ Refer to our advisory directory on divorce specialized mediators as Family law attorneys, to help you resolve divorce matters without going to court.

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A basic principle in divorce: the more uncompromising the spouses argue, the longer the divorce process takes. Good legal advice, mediation and an agreement on the consequences of divorce can make the divorce much easier.

9 FAQ - Frequently Asked Questions

What is a contentious divorce?

If one spouse wants to get a divorce but the other does not, a controversial divorce can result. Furthermore, a controversial divorce can occur if the spouses quarrel over the following matters (maintenance, profit compensation, marital home, etc.). Then both partners hire a lawyer to submit the applications for the follow-up matters to the court.

Continue reading: What is a contentious divorce?

Can a contentious divorce take place after a year of separation?

A contentious divorce after a year of separation is not uncommon. It can happen that a spouse no longer wants a divorce after the year of separation. In that case, the divorce can still take place if the other spouse submits good reasons for the divorce to the court. For example, that the spouse has been in a relationship for a long time.

Continue reading: Can a contentious divorce take place after a year of separation?

What is the process of a contentious divorce?

The process is basically the same as a mutual divorce. Separation period - divorce petition - court date. The court regulates all subsequent matters in which the spouses cannot agree. For this, both spouses have to hire a lawyer who will submit applications to the court on the follow-up matters. The processing of applications is known as the "joint process".

Continue reading: What is the process of a contentious divorce?

When does a litigation divorce make sense?

If a spouse feels severely disadvantaged in one or more of the following issues, a contentious divorce can make perfect sense. In the event of a divorce, matters with far-reaching financial and / or custody consequences are settled. Everything that has been decided once is difficult to change afterwards.

Continue reading: When does a litigation divorce make sense?

How can a mediator help with a litigation divorce?

If the couple falls out, mediation can often help. The mediator ensures a neutral discussion framework and supports the couple in finding a consensus. Mediators are often also legal experts who are very familiar with the consequences of divorce. Mediation can help to reach an out-of-court settlement.

Continue reading: How can a mediator help with a litigation divorce?

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