There may come a time when you and your spouse have no choice but to consider divorce. You have tried to make things work, but nothing seems to get your relationship back in order.
If you are unable to agree on details regarding support, parenting, and/or property division, you may have to consider a contested divorce.
This does not mean there is a disagreement regarding whether or not you should actually file for divorce. What it means is that you are asking the judge to make key decisions with regard to support, parenting, and/or property division.
Due to the complications and challenges associated with a contested divorce, it would be in the best interest of both parties to avoid this at all costs. If you have no choice but to move forward, it is important to understand the process.
This starts by filing a Notice of Family Claim (Form F3). From there, your spouse will file a Response to Family Claim (Form F4). At that point, you are into the inner workings of a contested divorce and things can get complicated as both parties fight for what they believe is theirs.
If you are unable to eventually reach an agreement, the judge will make all the decisions for you at a trial. At that point, the process is out of your hands. The court is now in charge.
Even though you should do your best to avoid a contested divorce, this is not always possible. If you are faced with this situation, make sure you know how to deal with any complications that arise.
Source: Legal Services Society, “Divorce,” accessed Feb. 09, 2016