17 Dec Contested Divorce: Legal, Emotional, and Social Dimensions
Divorce, as a legal and social phenomenon, has historically been a subject of continuous evolution, both at the level of legislation and societal perceptions. Particularly interesting is the case of “contested divorce,” where spouses fail to reach an amicable agreement regarding the details of their separation, such as child custody, alimony, division of property, or even the necessity of dissolving the marriage itself. While divorce by mutual consent is often presented as the optimal path, reality demonstrates that, in many cases, court involvement becomes unavoidable.
In Greece, the legislative framework surrounding marriage and divorce has undergone significant reforms in recent decades. Despite efforts to simplify procedures and encourage consensual dissolution of marriage, contested divorce remains a choice—or a necessary path—for couples in profound deadlock. In such cases, the legislator provides tools for the pursuit of a fair resolution, relying on evidence, testimonies, and legal arguments.
Legal Framework and Procedure
Under Greek law, divorce may occur either by mutual consent of the spouses (consensual divorce) or through litigation. Contested divorce is often based on the concept of “irretrievable breakdown” of the marital relationship, as defined by the Civil Code. This breakdown consists of the determination that marital cohabitation has been irreparably disrupted, making its continuation intolerable for the plaintiff. Frequently, causes include adultery, domestic violence, addictions, abandonment, or even chronic incompatibility of character when it escalates into a state of permanent and insurmountable conflict.
The legal process stipulates that the spouse seeking a contested divorce files a lawsuit before the competent court. The opposing party may refute the claims, present their evidence, or attempt to demonstrate that the marital breakdown is not as severe or is not exclusively their fault. This process may involve witness examination, psychiatric or psychological evaluations, and submission of documents, depending on the nature of the case.
Relationship with Case Law and the Concept of Irretrievable Breakdown
The concept of “irretrievable breakdown” has evolved through the case law of Greek courts. It is not merely a legal formality but a complex judgment requiring the judge to balance objective evidence and subjective circumstances. Over time, case law has expanded or narrowed the scope of this breakdown, responding to contemporary social norms and values. For instance, adultery in earlier times almost automatically constituted evidence of irretrievable breakdown. Today, while it remains a serious cause, courts carefully examine the broader context: the duration of the marriage, reconciliation efforts, the presence of children, the spouses’ financial and psychological condition, and the overall family dynamics.
The Role of Lawyers and Specialized Advisors
In a contested divorce, lawyers play a pivotal role. They handle legal strategy, drafting of pleadings, gathering evidence, and the examination of witnesses. Family law specialists understand that issues are not only legal but profoundly human. Skill, empathy, and conflict management ability are required to achieve the desired outcome.
Moreover, the involvement of experts such as psychologists, social workers, or child psychologists often proves beneficial. Especially in cases involving minor children, the insights of these professionals are critical for the court's judgment regarding custody and visitation matters. These experts, through reports and recommendations, can provide a more comprehensive view of family dynamics and the children’s needs.
Financial and Property Implications
The financial dimension of contested divorce is also crucial. The division of marital property, claims for alimony, and the settlement of debts often create intense contention. In many instances, one party may seek a disproportionately favorable arrangement, leveraging legal tools and available evidence. Conversely, the other party may strive to safeguard their financial interests, citing the other spouse’s misconduct or breach of financial agreements. The lawyer plays a critical role in this context, ensuring that the client’s interests are effectively protected. Through thorough analysis, sound strategy, and adept use of legal tools, the lawyer contributes to achieving a fair allocation, strengthening the client’s position in a frequently complex and adversarial environment.
Psychological Impact on the Parties
Contested divorce is not merely a formal dispute before a court. On the contrary, it is a process where the lawyer’s role becomes critical, not only for defending the client’s rights but also for preserving their dignity and mental well-being throughout the legal battle. Spouses, once connected by love and mutual respect, find themselves opposing each other as adversaries, seeking to prove their case by undermining the other’s credibility or moral integrity. In this crucial phase, the lawyer must act as a strategic advisor, ensuring the best possible outcome for their client while respecting the sensitive aspects of the process.
The psychological pressure is not confined to the spouses. Children, if present, are often at the center of the conflict. In such cases, the lawyer’s role becomes particularly significant, as they can contribute through a carefully planned strategy to reduce tension and ensure the protection of the children’s rights and mental well- being, even within the framework of litigation.
Social and Cultural Parameters
At a societal level, contested divorces reflect the community’s attitude toward marriage, family, and conflict resolution. Although the legal order provides institutional tools for the dissolution of marriage, society retains norms, stereotypes, and prejudices. Individuals choosing the path of litigation may be perceived as unyielding or vengeful, while the unwillingness to find an amicable solution often stigmatizes both parties.
However, it should not be overlooked that litigation is, in many cases, not a choice but a necessity. When a spouse faces domestic violence, financial exploitation, severe psychological abuse, or other reasons, court confrontation may be the only means of protection, restoration of rights, and pursuit of a fair resolution. Thus, society must recognize that litigation is not always a product of hostility but often the result of unequal distribution of power and resources within the marriage.
Conclusion
At Karpouzis-Lianou & Associates Law Firm, we understand that contested divorce is not merely a legal procedure but an event deeply affecting the lives of those involved. Our human-focused approach and expertise in family law enable us to address each case with sensitivity, understanding, and determination. We focus on safeguarding our clients’ interests, providing tailored solutions that meet their needs while maintaining their mental and moral balance. Our goal is to serve as a steady point of reference during a period of change, supporting our clients with professionalism and integrity at every step of this challenging journey.
Contested divorce is a complex and multifaceted process that transcends narrow legal frameworks. It is a field of conflict involving human interests, emotions, and perceptions, where lawyers, judges, and experts are called upon to weigh multiple parameters. Litigation is not always a sign of malice or vindictiveness; in many cases, it is simply the only available tool for resolving deep-seated differences and protecting individual rights.
The path of litigation may be uphill for all parties involved, including children. However, with appropriate legal guidance, the process can become more effective and less burdensome. The lawyer’s role is pivotal, ensuring that the rights and interests of their clients are fully protected while proposing practical solutions tailored to the unique needs of each case. At the heart of our legal practice is the commitment to securing fair and sustainable solutions, supporting our clients at every step of this demanding process.
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