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Will he be able to contest the divorce after I file the papers?

October 2, 2017

If you have decided that you want to leave your husband, you could be ready to take whatever steps are necessary to file your divorce papers. Whether you are planning on filing the papers yourself or if you are going to be hiring a lawyer, you could be concerned that your spouse will be able to contest the divorce after you file the papers. This might be something that you are particularly worried about if you want a divorce but your spouse does not.

The good news is that in most states, the non-filing spouse cannot actually contest the divorce filing. However, there are steps that your spouse might be able to take that can make the situation more difficult for you. For best results, you will probably want to work with a good divorce attorney who can help you with your case.

Contesting the Grounds of the Divorce Petition

One of the things that your spouse might be able to do is to contest the grounds of the divorce petition. For example, if you list adultery as the cause of the divorce, your spouse may be able to contest this. This is especially true if your spouse has evidence on his side. Therefore, it’s important to carefully consider things when you list the grounds of your divorce petition to help ensure that they are accurate and cannot be successfully petitioned.

Arguing About the Settlement of Funds and Property

Even if your spouse is not able to contest the actual divorce, he can fight in court over the settlement of the marital funds and property. Depending on a few factors, you may have to worry about who will end up with possession of the marital home, the vehicles that you have purchased together as a married couple, the money that you have in your bank accounts or that you have invested and more. To help ensure that you get what you are entitled to in your divorce, it is a good idea to work with a lawyer. He or she will know about the ins and outs of divorce law in your state and can help you ensure that you are treated fairly when your marital property is being divided.

Fighting About Child Support, Alimony or Child Custody

You also have to worry about your spouse fighting with you over family court-related matters, such as the custody of your children and any child support that has to be paid. If you are planning on seeking alimony payments, such as if you have been a stay-at-home parent throughout your marriage, you should know that your spouse can fight against paying these payments as well. A good lawyer can fight for you in court to help you protect your parental rights and to help you ensure that you get any child support or alimony payments that you are entitled to.

As you can see, even though your husband probably will not be able to contest the actual divorce after you file the papers, there are still steps that he can take if he does not want to get divorced. If you would like to protect yourself as much as possible in this situation, make sure that you work with a divorce attorney that you can trust. Then, your lawyer can tell you about the laws in your state that apply to your divorce and can provide you with professional advice about what to do next.

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