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Uncontested and contested: Which type of divorce is yours?

On Behalf of | Jun 26, 2024 | Divorce

Many times, couples believe that they are in agreement with a divorce, and they have an “uncontested” divorce. However, once the uncontested divorce case moves forward, either side can change their mind and the case will quickly become a “contested divorce.” There are differences and nuances of “uncontested” divorces and “contested” divorces in Texas. Here are some things you need to know about these categories of divorce.

  1. Uncontested Divorce:
    • Definition: An uncontested divorce occurs when both spouses agree on all the essential terms needed to end their marriage. These terms include property division, child custody, child support, debt allocation, and other relevant issues.
    • Process:
      • The couple collaborates to reach an agreement without court intervention.
      • Typically, uncontested divorces are quicker and more straightforward.
      • Legal proceedings are minimal, and the divorce can be finalized efficiently.
    • Advantages:
      • Cost-Effective: Since there’s no need for extensive legal battles, legal fees are generally lower.
      • Less Stressful: Cooperation between spouses reduces emotional strain.
      • Faster Resolution: The absence of disputes speeds up the process.
    • Requirements:
      • Both parties must be willing to work together and compromise.
      • They should agree on all relevant aspects of the divorce.
  2. Contested Divorce:
    • Definition: A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce.
    • Process:
      • Disputes require court intervention.
      • Each party presents their case, and a judge makes decisions on unresolved matters.
      • Legal proceedings can be lengthy and costly.
    • Challenges:
      • Time-Consuming: Court hearings, negotiations, and legal paperwork take time.
      • Higher Costs: Legal fees, expert witnesses, and court appearances contribute to higher expenses.
      • Emotional Strain: Contentious disputes can be emotionally draining.
    • Common Issues in Contested Divorces:
      • Property division disagreements.
      • Custody battles.
      • Disputes over child support or spousal maintenance.
      • Debt allocation.

Remember that each divorce case is unique, and the choice between contested and uncontested divorce depends on individual circumstances. Seeking legal advice is essential to make informed decisions during this challenging process. Call Sralla Family Law PLLC at 210-600-9565 for more information.

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