Can an uncontested divorce become contested?

Upon filing for divorce, spouses will choose to contest their marriage or leave it uncontested. If they do not contest their marriage at this time, it still has the ability to become contested later on in the divorce process. When an uncontested divorce is filed for, couples have the option to enter into divorce mediation. During this process, they will attend sessions with a mediator and their spouse to talk about marital issues. By talking about marital issues, they will cooperate with one another to come to decisions for these issues. These marital issues can include child support, child custody arrangements, alimony and more. They will have to decide on these important topics in these sessions. Since it can be hard for couples to cooperate with one another during mediation, they may find it unrealistic that they can reach decisions together. If they are unable to make decisions with the cooperation of one another, they have the ability to end mediation at any time. Mediation may be worth a try, but it is not for everyone. When mediation is ended, it may cause the divorce to become contested.

What happens when a divorce becomes contested?

Once a divorce becomes contested, couples may not be able to enter into mediation. Instead, they may have to go through litigation. In litigation, their case will be presented to a judge. This judge will make decisions in regards to the marital issues the couple is facing. The judge has the power to make decisions for child custody arrangements, child support, alimony, the division of assets and more. They will take into account many factors when listening to these cases to make the best decisions possible. When a judge makes decisions for the couple, it may be concerning to the spouses. They can be out of control of how custody arrangements with the children are made. Spouses should make sure to acquire legal counsel to best represent their needs in these situations.

Can marital issues be modified?

Since marital issues are determined at a certain time with only the current circumstances being considered, they may be changed in the future depending on changes. Marital issues can be affected by different aspects in life. For child custody arrangements, a parent may not be complying with the correct standards outline and needs to be brought to court. Other issues may cause changes to alimony payments due to remarriage, death or retirement. The case can be brought back to court where a judge can modify the original agreement.

Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.