Divorce is often an emotionally charged experience, and when spouses cannot agree on critical issues like property division, child custody, or spousal support, the process can slow down significantly.

A contested divorce is one in which disagreements arise, and both parties must work toward resolving these conflicts, either through negotiation, alternative dispute resolution methods, or, when necessary, litigation. This is a stark contrast to an uncontested divorce in which both parties agree on all divorce settlement matters.

We understand how overwhelming a divorce can feel, especially if you are in a high-conflict situation. Keep reading to learn about some of the issues that may slow down the divorce process and practical tactics for high-conflict situations.

What Slows Down a Contested Divorce in Iowa?

Several issues commonly delay the resolution of contested divorces: child custody disputes, complex property division, and spousal support issues. When a divorcing couple struggles to cooperate, as often happens during high-conflict divorces, the divorce process can come to a halt, and litigation may be necessary.

Disagreements Over Child Custody

Child custody is often the most sensitive and contested issue in a divorce. Disagreements about where the child will live, visitation schedules and parental decision-making can draw out the process, particularly if both parents are fighting for primary custody. Courts prioritize the child’s best interests, which means lengthy evaluations or even child interviews if necessary.

Complex Property Division

Iowa follows the principle of equitable distribution in divorces, meaning that property is divided fairly but not necessarily equally. The more assets and debts a couple has, the more complicated this process becomes. Spouses often disagree on the value of certain assets or how they should be divided, especially when high-value assets like businesses or retirement accounts are involved.

Spousal Support Disputes

Spousal support, or alimony, can also be a sticking point in contested divorces. Disagreements over whether one spouse should receive alimony, and if so, how much and for how long, can lead to extended legal battles.

How Litigation May Slow Things Down

While litigation is a necessary option in many cases, it often slows down the divorce process for several reasons:

• Court Schedules: Court dockets are crowded; getting a trial date can take months. Even once a date is set, delays can occur due to other cases or scheduling conflicts.
• Process Errors: Litigation requires formal procedures, from filing motions to conducting discovery and presenting evidence, all of which take time. Mistakes or errors in the process can cause significant delays.
• Limited Control: Once the case goes to trial, decisions are made by a judge, limiting the couple's control over the outcome. This can lead to less-than-satisfying or unexpected results, which may prompt post-judgment appeals or modifications, extending the conflict further.

Exploring Alternative Dispute Resolution

Many couples explore alternative dispute resolution (ADR) methods like mediation and collaborative divorce to try to avoid the lengthy and expensive litigation process.

Mediation involves a neutral third party who helps facilitate a productive conversation between spouses to reach agreements on contested issues. While mediation is not binding, it can be an effective way to resolve disputes without going to court. Many judges in Iowa require couples to attempt mediation before proceeding to trial, especially in cases involving child custody.

In a collaborative divorce, both parties agree to resolve their issues without going to court. They each hire specially trained attorneys, and all parties commit to a cooperative process. If an agreement can’t be reached and the case proceeds to litigation, the collaborative attorneys must withdraw, and both spouses need to hire new attorneys for court.

When Litigation Is Necessary

While ADR methods can often resolve many issues in a contested divorce, there are situations where litigation is unavoidable. For example, if there’s a history of domestic violence, an uncooperative spouse, or complex financial disagreements that can’t be resolved through negotiation, going to court may be the best option. And that’s okay.

Your attorney is your advocate and guide. Lean on them and their experience to evaluate your case and make recommendations that protect your rights and interests, even if that means going to trial. Contested divorces in Iowa can be challenging but don’t have to drag on for years.

The Law Office of Mark R Hinshaw is standing by to support you throughout the divorce process, helping you pursue the fair resolution you deserve while working to minimize unnecessary delays.

Contact us online to schedule a consultation with our team.