Understandably, an ex may not be thrilled about the prospect of going through the divorce process. People have a slew of reasons for wanting to get in a fight, including everything from still feeling like they in love to insisting the other person won't see a penny of community property.
You'd be wise in such a situation to retain divorce law services from a professional. Still, you'll likely want to know just how much of a fight the other person is allowed to put up. Here's what you'll need to know as you prepare to file for a divorce.
No-Fault Divorce Is Usually the Better Option
You'll rarely find a divorce law attorney who wants a client to get involved in proving fault in a divorce case. Even rarer is the judge who wants to hear any of it.
Anyone who goes into court trying to prove the other party is at fault in a divorce had better have a lot of evidence in a specific area of interest. Judges won't consider claims involving actions like infidelity or abandonment. Even physical abuse is largely treated as a separate issue for a different hearing about a restraining order.
Likewise, it's just rare that proving fault is worth the bother. You might spend tens of thousands of dollars in legal fees just to recover hundreds of dollars worth of assets.
Even a No-Fault Case Can Be Dragged Out
First, the clock on the case doesn't start ticking until both parties have been formally served with divorce paperwork. If someone does business overseas or serves in the military, this could take months.
Second, some states have cooling-off periods built into their divorce systems. This means you might have to wait weeks or even months before you can get your divorce finalized.
Temporary Orders Will Be Entered in the Meantime
A big thing every person involved in a divorce should be aware of is that putting up a fight won't delay most of the basic types of court orders that are required. For example, a temporary order to pay spousal support may be entered if one former partner earns significantly more than the other. The parent without primary custody can also expect to be the subject of a temporary child support order.
If the divorce devolves into a fight, these orders stand until they're replaced by permanent ones. That means it's unlikely that someone obligated to pay is going to get out of it by fighting a divorce.
For more information, consult with a professional who provides divorce law services.