Baton Rouge Contested Divorce Attorneys
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Contested Divorce in Baton Rouge, LA
While divorce is very common these days, that doesn’t make the process any easier. Additionally, many couples disagree on one or more of the factors in their divorce, making it more difficult for either party to reach an amicable resolution to their marriage. If you are looking to file for divorce, the Baton Rouge divorce attorneys at The Law Offices of Ossie Brown are here to help. Whether you and your spouse agree on various aspects of the separation, or if neither of you agree on anything, a Baton Rouge contested divorce attorney can provide you with the legal counsel and representation you need in order to reach a favorable outcome.
Not only that, but our attorneys have an in-depth understanding of the Louisiana family court system, ensuring you and your family are able to reach a resolution as soon as possible. Call us at 225-343-1111 to schedule a free consultation with a Baton Rouge contested divorce attorney on our team regarding your divorce.
What is Contested Divorce?
Filing for a contested divorce means that a person and their spouse cannot reach an agreement about one or multiple aspects of the divorce. Many of these aspects involve family law issues like property division, child custody, alimony, and child support. Contested divorces also often involve legal action to resolve disputes, causing both spouses to attend things like court hearings, mediation sessions, and negotiations with divorce attorneys.
Ultimately, if an agreement cannot be reached through negotiation or mediation, the court will make decisions on behalf of the divorcing couple. The court’s final decisions will be based on relevant Louisiana laws and the evidence presented during legal proceedings.
Contested Divorce vs. Uncontested Divorce
There are two main kinds of divorces: contested and uncontested divorces. Contested divorces involve disagreements on key issues like property division and child custody, requiring legal proceedings, extended timelines, and court decisions. Uncontested divorces, however, occur when spouses agree on these key issues, resulting in a quicker, less costly process with limited legal intervention.
When comparing the two, a contested divorce case often leads to higher costs and emotional strain than an uncontested divorce. Additionally, couples have greater control over the outcome when they can finalize their divorce amicably, like in an uncontested case. Choosing between the two depends on the complexity of disputes and the desired level of cooperation. If you believe an uncontested divorce proceeding would be a better option for your situation, contact a Baton Rouge uncontested divorce lawyer today.
Common Reasons Why People Undergo Contested Divorces
There are many different things that could lead a couple to file for divorce, and a disagreement on any of those important issues could lead to a contested divorce. Below are some of the most common reasons why people go through a contested divorce.
Marital Asset Division
One main cause for contested divorce cases is an issue over dividing marital assets. This process involves determining how community property, investments, and debts accrued during the marriage will be distributed between the spouses.
Disagreements often arise when assigning value to assets, deciding on fair asset distribution, or handling complex financial portfolios. Whether it’s the family home, retirement accounts, or business interests, the division of marital assets can become a significant point of contention.
Alimony Disputes
Alimony, also known as spousal support or spousal maintenance, can be a major source of contention in divorces. If one spouse disagrees with the duration, amount, or necessity of financial support that they may receive or may be required to provide to the other spouse can lead to a contested divorce.
Factors such as the length of the marriage, individual financial standings, and contributions made during the marriage can complicate alimony negotiations. Additionally, these negotiations often require expert legal assistance in order to ensure a fair and equitable outcome.
Child Custody and Child Support Disputes
One of the most emotionally charged aspects of a contested divorce case is a dispute over child custody and child support. Determining the best interests of the child becomes a focal point, and disagreements may arise regarding the custodial arrangements and the financial responsibilities of each parent.
Contested divorce cases often involve extensive legal proceedings to establish custody agreements and visitation rights. These decisions must address the child’s well-being first and foremost, but should also consider both parents and preserve their ability to maintain a meaningful relationship with their child. Disputes over child support payments can also emerge, requiring the court to carefully consider the financial needs of the child as well as the financial capacities of each parent. Our Baton Rouge child custody lawyers and Baton Rouge child support lawyers can ensure these disputes are resolved smoothly and fairly.
Prenuptial Agreements
Contested divorces may also be fueled by disputes surrounding prenuptial agreements, which are legal documents designed to outline the distribution of assets and spousal support in the event of a divorce.
Many issues surrounding prenup agreements concern the validity, enforcement, or fairness of the terms, which can make it difficult for the parties to move forward with the divorce. Spouses may contest the terms of the agreement, or they may accuse the other spouse of coercion or inadequate disclosure, which could render the prenuptial agreement invalid.
Grounds for Fault-Based Divorce
Some contested divorce cases can often be attributed to the pursuit of a fault-based divorce. Fault-based divorce occurs when one spouse alleges that the other spouse committed misconduct, which creates grounds for the other spouse to end the marriage.
In Louisiana, someone can file for fault-based divorce if their spouse commits adultery, commits certain acts of domestic violence, or is convicted of a felony and either sentenced to death or imprisonment at hard labor. Proving fault in court requires a thorough presentation of evidence as well as legal arguments, making it a contentious aspect of divorce. Our Baton Rouge domestic violence lawyers can protect and defend your legal rights in these situations.
When to Avoid the Contested Divorce Process
A contested divorce can be very complicated for all parties involved and can be a lengthy, costly, and emotionally taxing process. While a contested divorce may be impossible to avoid in some situations, there are a few situations in which someone should avoid contesting aspects of their divorce.
If someone needs a quick divorce, they may want to avoid the contested divorce process as best as they can. A quick divorce may be necessary due to various reasons, like an upcoming move, an urgent financial situation, or the need for a speedy resolution to their divorce petition.
Choosing an uncontested divorce route allows couples to expedite the separation process, avoiding lengthy legal battles and court proceedings. By working together to reach amicable agreements on key issues, couples can streamline the divorce process, saving time and costs.
Another reason someone should avoid going through contested divorce proceedings is if they cannot afford a lengthy court battle. Many contested divorce cases can take months or even years and often require participants to pay a large amount of money in court fees, as well as the cost of any legal counsel.
Contested divorces can be emotionally and physically demanding, which can exacerbate existing health challenges. If you find yourself already grappling with poor physical or mental health, opting to avoid the contested divorce process may be crucial for your well-being.
A contested divorce can be difficult for anyone to fight, often involving court appearances and legal battles which can intensify stress and negatively impact mental health. Choosing an uncontested divorce can allow both spouses to experience a more cooperative and less physically and emotionally taxing approach to their divorce.
Possible Alternatives to Contested Divorce
If contested divorce seems like a bad option, there are a few alternatives that couples can choose from. These include:
- Uncontested Divorce
- Mediation
- Arbitration
Uncontested divorce, or collaborative divorce, is a divorce where both parties agree on the terms of the divorce petition. Mediation is the process by which a mediator helps the couple work through some of their issues to reach an agreement between the parties. Arbitration is when the couple hires a private judge to make decisions on behalf of the couple, acting as an impartial third party to provide the couple with a solution to their disagreements.
An experienced divorce attorney at the Law Offices of Ossie Brown can help ensure that both parties reach the best possible resolution to their situation, and can help them through the divorce process from start to finish.
Call a Baton Rouge Contested Divorce Attorney at the Law Offices of Ossie Brown Today
Deciding to go through the divorce process is a deeply personal decision and can be a very emotionally charged time, especially if the divorce is contested. That’s why we at The Law Offices of Ossie Brown provide our divorce clients with the compassionate yet professional legal representation they deserve.
If you are considering filing for divorce and you and your spouse cannot agree on the terms of the divorce, the Baton Rouge divorce attorneys at Ossie Brown are here to represent you. Our attorneys will stand by your side from the day you call us until you receive your final divorce decree, acting in your best interests and providing you with a favorable outcome to your divorce.
Call our Baton Rouge family law attorneys at 225-343-1111 or contact us online to schedule a free initial case evaluation with an attorney on our team.
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