Will he be able to contest the divorce after I file the papers?

Posted By Max Soni, Uncategorized On October 2, 2017

If you have decided that you want to leave your husband, you could be ready to take whatever steps are necessary to file your divorce papers. Whether you are planning on filing the papers yourself or if you are going to be hiring a lawyer, you could be concerned that your spouse will be able to contest the divorce after you file the papers. This might be something that you are particularly worried about if you want a divorce but your spouse does not.
The good news is that in most states, the non-filing spouse cannot actually contest the divorce filing. However, there are steps that your spouse might be able to take that can make the situation more difficult for you. For best results, you will probably want to work with a good divorce attorney who can help you with your case.

Contesting the Grounds of the Divorce Petition

One of the things that your spouse might be able to do is to contest the grounds of the divorce petition. For example, if you list adultery as the cause of the divorce, your spouse may be able to contest this. This is especially true if your spouse has evidence on his side. Therefore, it’s important to carefully consider things when you list the grounds of your divorce petition to help ensure that they are accurate and cannot be successfully petitioned.

Arguing About the Settlement of Funds and Property

Even if your spouse is not able to contest the actual divorce, he can fight in court over the settlement of the marital funds and property. Depending on a few factors, you may have to worry about who will end up with possession of the marital home, the vehicles that you have purchased together as a married couple, the money that you have in your bank accounts or that you have invested and more. To help ensure that you get what you are entitled to in your divorce, it is a good idea to work with a lawyer. He or she will know about the ins and outs of divorce law in your state and can help you ensure that you are treated fairly when your marital property is being divided.

Fighting About Child Support, Alimony or Child Custody

You also have to worry about your spouse fighting with you over family court-related matters, such as the custody of your children and any child support that has to be paid. If you are planning on seeking alimony payments, such as if you have been a stay-at-home parent throughout your marriage, you should know that your spouse can fight against paying these payments as well. A good lawyer can fight for you in court to help you protect your parental rights and to help you ensure that you get any child support or alimony payments that you are entitled to.
As you can see, even though your husband probably will not be able to contest the actual divorce after you file the papers, there are still steps that he can take if he does not want to get divorced. If you would like to protect yourself as much as possible in this situation, make sure that you work with a divorce attorney that you can trust. Then, your lawyer can tell you about the laws in your state that apply to your divorce and can provide you with professional advice about what to do next.

will it affect the divorce?

Sometimes after you’ve gotten married, you later find out that the person you’re married to isn’t a good fit for you. Maybe he or she broke your trust, or your spouse just isn’t the person you thought he or she was. Regardless of the reason you want to end your marriage, if you find out you’ve made a mistake, you don’t have to suffer from it forever. You can, in fact, get a divorce to end an unhappy marriage. There’s many factors that affect divorce proceedings, though, and you might oftentimes find yourself asking, “”Will this affect the divorce?” The following are some of the most frequently asked questions concerning divorce and matrimony.

Do I Have to Have a Reason to Get a Divorce?
Some people wonder whether or not there has to be a significant reason for getting a divorce. These aren’t the medieval days, so you don’t have to prove that your spouse cheated on you, is abusive or so on in order to get a divorce. All you have to cite is “irreconcilable differences” in order to get a divorce.

Will My Spouse Cheating Affect the Divorce Proceedings?
It could. If you can prove that your spouse committed adultery and that assets were used to support the extra-marital relationship, then some states will sometimes award you more monies in the divorce proceedings to make up for what was wrongly taken from the marriage household. In most cases nowadays, though, whether or not a spouse cheated generally doesn’t affect the divorce, except that it might make matter more contentious between the parties involved.

Will My Employment Affect the Divorce?
Yes. Your individual incomes will directly affect the divorce proceedings since this is usually used to determine how property is divided. If one spouse has been unemployed throughout the entire marriage to support the other spouse’s career endeavors, then the unemployed spouse could very well be entitled to alimony from the other spouse.

Will Having Children Affect the Divorce?
Having children will greatly affect the divorce proceedings since one of the primary concerns of the state will be deciding who to award custody of any minor children to. Older children might sometimes be able to express their desire of which parent they want to remain with, but ultimately, the judge makes the decision upon which parent retains custody of any children after evaluating a plethora of circumstances surrounding each individual case.

Will Having an Attorney Affect my Divorce?
Not having an attorney could certainly affect the results of your divorce. If you don’t have an attorney, then you might not get as favorable of results as you were hoping for. It’s always a good idea to obtain legal representation regardless of whether or not you’re the one who filed for divorce. A divorce attorney knows the laws governing the state he or she practices in and can work vigilantly to ensure that you get what you’re entitled to, including keep your Long Island car lease. An attorney can also ensure your rights aren’t violated in any manner.
While there’s plenty of other questions that are bound to arise when you’re considering getting a divorce, these are among the most common. A divorce attorney should be able to answer all questions and address any concerns that you may have throughout your divorce proceedings and represent you to the court.