A contested divorce with children is often the most hotly contested type of divorce. Many times in contested divorces it comes down to costs, and the parties reach an agreement when the cost of continued litigation exceeds what the parties are disputing. But how do you put a price on your children? This is why cases where parenting time is the contested issue are so likely to go trial, and it is so very important that you have an attorney that understands this so that they have set up the case in a way to ensure the best results possible should the case go to trial.
Since so many cases settle, many attorneys skip steps during the pendency of the litigation because they don’t think they are going to actually have to bring the case before the judge. This can have very tough results if the opposing side knows you have cut corners as they can force you into accepting bad deals out of fear of trying the case. It is important for your attorney to know in advance how important the parenting schedule is to their client.
Contested divorces with kids are different from a contested divorce without kids as follows:
– Requires additional steps before setting, such as parenting classes
– Requires different legal advice regarding co-habitating during the divorce and housing arrangements during the separation
– Requires strategic steps to be taken to set up the case sometimes a year or more in advance of trial depending on the parenting plan wishes of the client
– Involves child support calculations and additional property questions in a Marital Dissolution Agreement, relating to insurance, retirement, school costs, extracurricular activities, and upward and downward deviations where appropriate
– Involves creative thinking and problem solving due to get certain evidence before a judge without dragging your children into the middle of a court battle
– Sometimes requires skill in dealing with experts and third parties, such as Guardian Ad Litems and Child Therapists and Psychologists.
– Requires sound knowledge of the laws and where they are going, as they will be advising on an arrangement that may affect you and your family for the next eighteen years
For more information, please contact our office at (615) 620-5848 or check out or full website at www.lawonyourschedule.com
Recent cases: https://www.tba.org/sites/default/files/cookw_COR_120915.pdf finding a material change where Father remarried, changed his work schedule, had a second child, and the child had begun school.