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Posted on November 16, 2007 by James Walsh | Posted under Divorce
Contesting a Divorce
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A Victim of Abuse Marriages head for a breakup due to different reasons. To an outsider, everything might seem perfectly fine but only the two people involved know the truth. Violence is a harsh reality in many marriages. For a long time the victim of physical abuse may be reluctant to reveal the truth to anybody. Then circumstances reach a point where a person cannot take much more and decides to walk out of the marriage. Sometimes, a person who has been a victim of abuse might just want to escape from the marriage and not make any claims. However, in such cases more than any other, it is imperative that the abuser pay the price. The victim has certain rights and needs to be taken care of in the event of a divorce. A partner who is intimidating can try to rob the other partner of his or her rightful share of property and other assets. Therefore, not to contest such a divorce will be giving in too easily. Lack of Communication The issues that get linked with divorce are both tricky and sensitive. It requires mature and open-minded communication to amicably settle division of property, child custody etc. However, not every person getting divorced is open to communication and mutually agreeable terms of divorce. If one partner refuses to meet the other partner halfway and becomes inaccessible, then it leaves the other partner no choice but to contest the divorce. Ignorance of the Law Since divorce is not an everyday occurrence, not everybody is aware of rights and legalities. If one partner files for divorce, the other partner does not necessarily have to blindly agree with all the terms. In such a scenario where divorce papers have been served, it makes sense to seek legal opinion and contest the terms of divorce. One should be certain that one is not being played out and if there is any unfairness, it has to be contested. Taking Cover from Blackmail A stronger partner might blackmail a weaker partner and the latter might be steamrolled into giving in to an unfair divorce settlement. One must never give into an agreement that one does not want. It is always better to have the divorce process over and done with but not at the cost of losing out on important issues. If a person feels like they are being forced into agreeing to a settlement that seems unfair, it is only prudent to seek legal help and contest the divorce. Child Custody and False Allegations Child custody is probably the most integral decision of a divorce process. One partner might make false allegations against the other, just to get complete child custody. If the allegations are false, a person should contest them and not give up custody so easily. Even if it makes sense for one parent to have complete physical custody, the other parent should not be denied of sharing other responsibilities, under false allegations. Sometimes, divorce procedures can turn very ugly and dirty linen can be washed in public. While it should not be an eye for an eye, it most definitely should not be a case where one person is getting away by making false allegations. If one is being falsely maligned, it makes sense to contest the divorce so the allegations are retracted and the settlement is suitably fair. Conclusion It is often said that the only people who benefit from a divorce are the lawyers. It suits them perfectly for divorces to be long-drawn legal battles. At the end of bitterly contested divorces, couples can be emotionally scarred and drained. It would be the best solution for both couples, to sit across a table and come to a reasonable and mutually beneficial settlement. However, if one partner is being difficult, then it leaves the other partner no choice but to contest the divorce. The law, after all, is in place to bestow individual rights. Therefore, one should definitely seek legal help if one is caught in an unfair situation. About The Author: James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com |
Tags: DIVORCE, DIVORCE ADVICE, DIVORCE UK, QUICK, AFFORDABLE
