Blogs from March, 2021

Most Recent Posts from March, 2021

How Can I Get a Divorce if My Spouse is Contesting It?


Getting a divorce from a spouse who wants to remain married or causes delays out of spite can leave you exhausted and ready to throw in the towel. Once you’ve reached the end of the long road of divorce, you may find your uncooperative spouse still wants to debate finalized details and rehash old arguments as a last-ditch effort to stop the divorce. Couples who agree to their marriage's dissolution will find their divorce is quick and easy, but that’s not the case for couples who want different things.

What is a Contested Divorce?

You don’t need your spouse’s permission to seek a divorce. If your spouse refuses to sign divorce paper, you have other options to finalize your divorce. Obtaining a divorce is easier if you and your spouse are on the same page, but any spouse has the right to seek a divorce and file in the proper jurisdiction. While you can decide to seek a divorce, your spouse’s willingness to participate is the driving force behind how easy the process will be, but even without their approval, you can file for and be granted a divorce.

The grounds for divorce aren’t merely a formality. Depending on where you live, the grounds for divorce chosen can impact how the case proceeds. So, while most states provide a no-fault divorce, it may not always be the best choice if you’re given the option. Iowa is a no-fault divorce state, but if you have the option of filing in a state where you can benefit from a determination of fault, then make that selection. Determinations of fault can benefit the injured party when the judge awards spousal support, custody, and property settlements. Your divorce attorney can help you make the right choice for your situation.

What Are My Options?

Once your spouse is served divorce papers, the ball is set into motion for your divorce to proceed. Just because your divorce can proceed doesn’t mean it will be fast. If your spouse is determined to fight you, it will slow down your divorce, but your divorce attorney can help you proceed despite your spouse contesting the divorce. Once your spouse is served, if they didn’t file an uncontested response, your attorney can help you work to continue with your uncontested divorce. Contested divorces take a considerable amount of time because you may have multiple court dates before you are able to resolve the issues contested by your spouse.

After filing a divorce case in Iowa, you will need an area attorney to help you work toward a fair and equitable divorce. We can work to help you develop a divorce strategy despite your spouse’s uncooperative attitude. The Law Office of Mark R. Hinshaw, PLC, can discuss your divorce case's details and help formulate a strategy. Call us today at (515) 200-7571 to schedule your initial consultation.