When choosing to opt for a contentious divorce must take into account the possible consequences of the sentence.
Going through a divorce process is not easy. Much less if the two parties do not agree, they are constantly throwing the clutter to the head and finally come to a contentious divorce, longer, costly, exhausting and irreversible consequences for both parties. Today we want to talk about the contentious divorce and the possible consequences for the loser. Keep reading.
What is a contentious divorce?
First of all, we must clarify what a contentious divorce means. When between both parties there is no possibility of mutual agreement, one of the spouses requests a divorce without the consent of the other, through the judicial channel and by filing a lawsuit that will be accompanied by the regulatory agreement that the plaintiff intends.
In this first regulatory agreement should incorporate any of these relevant issues, such as childcare, parental authority and exercise of the same, communication with the parent who does not habitually live with their children, regime visits of grandchildren to their grandparents, the attribution of the use of housing and family trousseau, charges of marriage and food, liquidation of the economic regime of marriage (if applicable) and alimony that will depend on different variables that the Judge or Judge will determine if the agreement It is totally impossible.
Regarding the issue of minors, the Judge will always watch over the interests of the minor and will be treated as far as possible to fulfill their right to be heard.
The Judge may sentence custody and shared custody, as long as both parents request it and after an investigation that the Judge must do: obtain a report from the Public Prosecutor, listen to minors who have sufficient judgment and take into account the allegations of both parents. In the case of contentious divorce, it is the judge who decides the ultimate destiny of the children, that is, the suitability of the custody regime.
In addition, the previous agreements of the spouses will be respected by the Judge, unless they can be harmful to the children or seriously affect one of the spouses.
In the case of contentious divorce, the divorce will not be effective until the judgment of the Judge, so it will not be until that moment when the matrimonial economic regime is dissolved and the inheritance rights will continue to be preserved.
Contentious divorce: consequences for the loser
Is there really a loser in a contentious divorce? Everything depends on how you look at it. It is clear that on many occasions what one of the parties could consider as ‘losing the judgment’, from other perspectives can be considered ‘justice’.
However, it is clear that when a contentious divorce is carried out, the decisions are not taken by the spouses, so it is not always possible to expect that all the petitions that are filed can be fulfilled.
Doubts usually arise because of two fundamental problems: money and children. If one of the spouses wants to ask for a pension and the other does not think it necessary to give it to them, they may decide to use for litigation, but that does not mean that neither one nor the other can win, depending on the circumstances.
The doubts and the questions ‘What happens if I lose?’ Are common. ‘Is it better not to take the risk and accept the friendly?’ And there is no suitable answer since everything depends on the circumstances of the divorce and the affective-family situation, as well as the economic circumstances of each spouse. The advice of a lawyer in these cases is essential, but the last decision will be the spouses.
In circumstances with a certain degree of solution, it is always recommended to try to exhaust the route of the agreement before reaching a contentious divorce, mainly because it is simpler, faster and less traumatic for both spouses and children (in the case that the would have) However, this solution is not always possible. For example, in cases where children may be in serious danger with one of the spouses, litigation may be the best solution.