Worried your spouse will contest to a divorce?
What happens if your spouse contests to your divorce petition?
Divorce typically falls into 2 categories ‘uncontested’ and ‘contested’. An uncontested divorce is where both spouses agree to all aspects of the divorce petition.
A contested divorce is where one spouse disputes some or all claims made in the divorce petition.
Although very rare contested divorce cases are often extremely stressful and prolonged over a long period of time.
They are also seen to be more expensive due to there being no guaranteed end date.
Reasons to contest
One of the main reasons why a divorce case is contested against is due to the ground which it is filed upon. Many file for divorce based on fault-based grounds like unreasonable behaviour or adultery.
This can often set off the respondent who does not see that their behaviour has been one of the above. Another reason to defend a divorce petition could quite simply be to prolong the divorce proceedings and place more stress and upset on to the petitioner.
How do you contest a divorce?
When contesting a divorce you have two options depending on your reasoning to defend the petition. If you are choosing to contest the divorce due to the facts being incorrect but would still like to get divorced then you can.
You need to respond stating that you do not wish to defend the divorce but that you do not agree with the allegations stated.
This means your divorce goes through undefended but without any finding of fact having been made by the court saving you time, stress and money.
If you wish to contest the petition in the hope to get it struck out of court then you have to prepare an answer in response to the divorce petition as to why you wish to contest.
A court fee will be payable when you or your solicitor files the answer at court. Once your answer has been filled the petitioner may submit a response to your answer.
Depending on the answer given the court may list a date for a hearing between both parties to try and solve the dispute. This is where the costs quickly mount up.
If the respondents’ answer was deemed basic and held no real substance then the court may just dismiss the response completely.
Why you might think twice about contesting
Depending on your reasoning you might think twice about actually contesting your divorce petition for two reasons.
1. It’s extremely costly and an expense you will have to pay for.
2. It’s not a simple process and will require a lot of time and effort on your behalf. So in conclusion, unless you have a lot of money and time, contesting a divorce isn’t really an option.
How can we help?
When filing for divorce there are a few questions you should ask yourself to make the whole process that little bit easier.
If you think your spouse will contest to divorce then ask yourself why? Is this because the divorce petition is unfair?
If you are choosing a fault-based ground to base your divorce petition upon then ensure that it can be proven.
Our divorce advisors have over 15 years experience and are able to answer any questions you may have.
We pride ourselves on our customer service skills and ensuring that our clients feel informed every step of the way. If you feel unsure about starting the divorce process then please get in contact, we can offer you all the information you need in a free consultation.
Contact Us Today- 01793 384 032