Divorce isn’t easy even if it is a necessity. It can be emotional, expensive, stressful, and confusing. Here at The Texas Divorce Lawyer blog, we want to make family law, including divorce, easier to understand. In this post, we’re going to explore the three most commonly used terms: contested divorce, uncontested divorce, and collaborative divorce. If you have questions after reading this post, call us at 214-265-7630. We’re available to answer your questions 24 hours a day, 7 days a week.
What Is a Contested Divorce in Texas?
A contested divorce occurs in Texas when the divorce is taking place and at least one of the parties is fighting the process in some way. They don’t necessarily have to fight the divorce itself. They may be fighting over property, debts, whether spousal support (alimony) should be paid, the amount of spousal support, child custody, child visitation, and child support. Essentially any term that the parties must agree on to finalize the divorce could be the cause of a contested divorce.
Generally, the issues fought over are resolved during a settlement conference. Yet, settlement conferences aren’t always fast or easy. If the couple cannot reach an agreement, the judge may make those decisions. That, of course, could lead to both parties getting far less than what they want from the process.
What Is an Uncontested Divorce in Texas?
An uncontested divorce occurs in Texas when the couple agrees to the terms of the divorce. There’s no fighting over why the divorce was filed, how the property will be divided, how the debts will be divided, child custody, child visitation, child support, or spousal support.
Often, uncontested divorce in Texas is less expensive and faster than a contested divorce. It’s also important to remember that as a divorce moves forward, what seemed like an uncontested and maybe even amicable situation can take a turn for the worse. Additionally, a lot of miscommunication can occur if one person is advocating for the divorce. They may intentionally or unintentionally give misinformation to the other spouse about how a judge may rule or what they would get from the divorce. Always speak with a lawyer and have any settlement agreement reviewed before you sign it. Even if you just want to get the process over with, you should make sure that you’re not being manipulated.
What Is a Collaborative Divorce in Texas?
A collaborative divorce occurs in Texas means that the couple going through the divorce works with the same team. The goal is to get through the entire divorce process with as few issues as possible. Some of the professionals the couple may share during the collaborative divorce include a lawyer, parenting specialists, and financial planners. Sharing the same professionals can make the process faster as well as less expensive. It is a good way to try to develop a peaceful way to end the marriage. This is especially important if there are minor children involved.
All Divorces Are Different
You may want an uncontested or collaborative divorce. Your spouse may want to fight. Maybe your spouse wants to end it and you don’t think they’re being fair in how the assets and debts should be split. To learn more about your options, call us to schedule your free initial consultation: 214-265-7630. We’re happy to talk with you about your situation.