Divorce is never an easy process, even under the best of circumstances. However, when the parties involved cannot agree on key issues, a divorce can quickly turn into a contested divorce. In Vermont, contested divorces are governed by state law and follow a specific set of rules.
What Is A Contested Divorce?
A contested divorce occurs when the parties involved cannot reach an agreement on one or more issues related to the divorce. These issues can include child custody, spousal support, division of property, and more. When one or both parties refuse to come to an agreement on these issues, it may be necessary to go to court to resolve them.
How Does a Contested Divorce Work in Vermont?
In Vermont, contested divorces are handled by the family court system. When a contested divorce is initiated, the court will require both parties to file documents outlining their positions on the disputed issues. This may include a request for temporary orders to be put in place while the case is pending.
After both parties have presented their positions, the court will schedule a hearing to hear arguments and make a decision on the disputed issues. During this process, both parties may be required to provide evidence or testimony to support their claims.
What Are the Benefits and Drawbacks of A Contested Divorce?
One benefit of a contested divorce is that it provides an opportunity for both parties to present their case and have a judge make a final decision. This can be particularly helpful when one party is refusing to negotiate or compromise on certain issues.
However, contested divorces can also be lengthy and expensive. Going to court can be time-consuming and can require both parties to pay attorneys fees and court costs. Additionally, the decision made by the court may not be satisfactory to either party, leading to further litigation.
What Are Some Alternatives to A Contested Divorce?
In Vermont, there are several alternative dispute resolution methods that can be used instead of going to court. These methods include mediation and collaborative divorce. In mediation, a neutral third party will work with both parties to negotiate a settlement. Collaborative divorce involves both parties and their attorneys working together to reach a settlement without going to court.
Conclusion
A contested divorce in Vermont can be a difficult and emotional process for all parties involved. However, it is important to remember that there are alternatives to litigating the case in court. By working with an experienced family law attorney and considering alternative dispute resolution methods, it may be possible to reach a resolution that is fair to both parties and avoids the stress and expense of a contested divorce.