Divorce – a word that can evoke a whirlwind of emotions and challenges. Now, imagine that the decision is not mutual, and disagreements abound. Welcome to the world of contested divorces in Singapore.
What is a Contested Divorce?
A contested divorce is when both parties do not see eye to eye and cannot reach a consensus. Unlike the smooth sail of an uncontested divorce, this legal journey involves one spouse initiating the divorce proceedings due to disagreements over major issues like asset division, child custody, and maintenance.
A contested divorce can be like stormy seas: it is pricier, more time-consuming and often needing the court's intervention to settle disputes.
Diving into the Divorce Process in Singapore
The process commences with a Writ for Divorce, a Statement of Claim, and a Statement of Particulars. The person who is initiating divorce is known as the "Plaintiff". He/she must state the reason for the "irretrievable breakdown of the marriage" based on the following five reasons:
Unreasonable Behaviour
Adultery
Separation (3 years with consent)
Separation (4 years)
Desertion
Once the Writ for Divorce is filed, the other party, also known as the "Defendant" has eight days to decide whether to contest. Contesting takes the case to the next level: the discovery process, where financials and other vital info come into play.
The Waiting Game
Now, how long does this divorce odyssey take? It is a bit like asking how long a piece of string is. The timeline hinges on complexity, contested issues, cooperation, and court workload. On average, brace yourself for months to over a year. But fear not, at Derrick Soh Law Corporation, our lawyers can navigate negotiations, potentially speeding things up and reducing emotional turmoil.
Contested vs. Uncontested: Clash of Titans
What is the key difference? It is all about the level of agreement.
Uncontested divorces involve mutual consent – issues like asset division and child custody are harmoniously resolved outside court. Swift, cost-effective, and emotionally lighter.
Contested divorces? They are about disputes that might need that judge's touch. Evidence is scrutinized, decisions made – especially on child issues.
Paper Trails and Puzzles
Documents, oh documents! In contested divorces, paper trails are your breadcrumb trail. You will need to provide evidence of your expenses, your involvement in the family and your caregiving efforts.
Why is contested divorce so tough?
Navigating a contested divorce can be like a complicated dance. With contentious issues and emotions running high, it is no surprise. Here is the thing – divorce lawyers are your partners in this intricate choreography.
The complexities? They are real: disagreements, emotional strain, legal intricacies, the ticking clock, the cost factor, and the unpredictability of outcomes.
In a world where agreements are not easily met, contested divorces showcase life's rawness. But remember, amidst the complexity, there's a path – one that leads to resolution and a fresh start. So, if you find yourself in these stormy seas, remember, there's a way to sail through. Do contact one of our lawyers. We are here for you!