How To Ethically Contest Your Divorce

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One of the biggest struggles with filing for divorce is the issue of legally dealing with it in an ethical way. Sometimes, your spouse will be completely unwilling to participate or come to a resolution, or they will object to one of the steps involved in the process. With a skilled divorce attorney and some general things to know before going into a predictable contested divorce, you’ll be able to handle a divorce much more smoothly.

Why Your Spouse Might Not Agree

Depending on your specific situation, there are many reasons why your spouse might not want to agree to the divorce or cooperate with you through the process. Realize that one of the reasons is that your spouse might want to remain emotionally and/or financially dependent on you. They might want to remain having control in the relationship, punish you for wanting a divorce, or make life generally difficult for you.

What You Can Do

In most cases, the local law enforcement official for your jurisdiction will serve the divorce petition to the defendant. Then, discuss with your attorney the benefits of filing the divorce first (sometimes this will be your only option). This will probably be advantageous for you since you’ll be the first to testify in court, so you’ll be the first to have a chance to make your case for the divorce settlement terms. If you want the divorce, but your spouse files a complaint for the divorce, you can and should file a counterclaim. In very contested cases, your spouse might falsely claim acts of violence from you, and he or she might apply for a Temporary Protective Order. Be aware that this might happen, and it’s up to you to be the bigger person and figure out how to calmly deal with it with your attorney.

In conclusion, the best way to ethically contest your divorce is to remain calm and neutral, and deal with the process in an impassive way (so you don’t emotionally charge your spouse any further). If you need a divorce attorney to represent you in court though a contested divorce, contact a lawyer at Divorce Attorneys – San Diego.