Divorce Litigation in Maine
Sometimes when two people choose to divorce, they are not always able to agree on how to resolve certain issues. For this reason, there are many options available to help divorcing couples reach compromises. However, in some circumstances an agreement cannot be reached and a judge will need to make a ruling. This process is known as a litigated divorce.
Divorces are often classified as contested or uncontested. In an uncontested divorce both parties agree to dissolve the marriage and what the terms of the divorce will be. Contested divorces, however, are much more common and result when parties have disagreements over one or more issues. A contested divorce often will result in litigation when an agreement cannot be met. It is important for anyone going through a divorce, even an uncontested divorce, to have an experienced divorce attorney on their side looking after their best interest.
Maine Litigated Divorce Issues
Litigated divorces are very common for several reasons. Many couples will attempt mediation or arbitration but will not be able to get much accomplished if they are too adversarial or emotionally charged. In this type of divorce, both parties will stop trying to reach compromises and work to essentially get what they want. Litigation is also common in cases where one party may be hiding assets, one party is intimated by the other or when there is a history of domestic violence.
In a litigated divorce, the court will hear from both sides and make rulings based on what a judge feels is best for all parties. Mediation is often recommended before a case goes before a judge. In cases involving children, courts in Maine work to determine what outcome would be in the child's best interest above all else. Many topics can be addressed during litigation, but some of the most commonly contested issues in a divorce include:
- Child custody
- Division of assets and liabilities
- Child support
In many other forms of divorce negotiations, a divorce attorney will act to help their client reach a compromise that everyone sees as fair. When issues go in front of a judge, an attorney will then work to get their clients the results they want, often by working against the other party. Because litigation can lead to emotions running high and results that neither party is satisfied with, many couples are encouraged to consider all of their options including mediation, arbitration or collaborative divorce before going to court.
Call a Maine Divorce Attorney
Litigated divorces, though very common, take the longest and are the most expensive type of divorces. If you are considering getting divorced in Maine, contact our office right now and speak to an experienced divorce lawyer who can explain to you more about the types of divorce. At WTB Law, we understand that the divorce process is always difficult. Call us now to take the first step.