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Contested Divorce vs. Uncontested Divorce

On Behalf of | May 31, 2016 | Uncategorized |

Contested Divorce and Uncontested Divorce in Texas

What is a Contested Divorce in Texas? A contested divorce is when one or both spouses are disputing some aspects of their divorce. Complicated financials, custody disagreements and other complex issues usually mean you are up for a contested divorce. It means spouses can’t come to an agreement on one, or in some cases, many issues of their divorce. It is important in a contested divorce to find experienced counsel you can trust. Most likely there will be courtroom litigation, and you need to be prepared for it with a good family lawyer on your side. In a contested divorce, both sides put together their case and go before a family judge who will make decisions for you. First the lawyers engage in divorce discovery, which is gathering information from the future ex-spouse and witnesses. Lawyers will typically try to negotiate and settle on a deal that works for both sides at this point. If they cannot reach a settlement, then the case goes to trial. After the trial, one side might want to appeal if they don’t agree with the judge’s decision. All of this could take months, or even years in some cases. Complex issues, high financial stakes, and technical legal procedures are the marks of contested divorces. Experienced counsel is necessary for a contested divorce because it so often involves litigation. What is an Uncontested Divorce in Texas? You may be wondering what exactly constitutes an uncontested divorce and if it is right for you. Any divorce is stressful. An uncontested divorce is the lesser of two evils. In most divorces you have to settle four main matters- division of property, division of debt, custody of the children, and payment of child and spousal support. Some couples may not have children, debt, or assets. That will most likely make their divorce easier. Any time you can sit down with your lawyers and settle these four matters between you and your spouse without having to go to trial is considered an “uncontested” divorce. An uncontested divorce can save time and money. In addition to it being a financial relief, it can also be a stress relief. A lot of anxiety can accompany a court case.  In an uncontested divorce, you must be able to work together, with your lawyers, toward a mutually agreeable resolution. It will take compromises from both sides. Working with your future ex-spouse can be difficult, but it is usually easier to find resolution outside of a full blown court battle. Typically, an uncontested divorce creates less hostility due to the quickness of the process versus a trail. It allows both parties can get on with rebuilding their lives quicker. Texas has specific legal requirements that need to be met before a couple can proceed with an uncontested divorce. So it is always best, even in a seemingly easy uncontested divorce, to meet with a lawyer. Contested or uncontested divorce in Texas, you need a family lawyer with a proven track record. Call the office of Michael Puhl, 972-569-3166 for a free divorce consultation.

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