In law, there are generally two types of divorces: contested and uncontested. If you’re considering a divorce, you must understand the differences between the two, so you can move forward in the best way for you and your family.
Defining Uncontested & Contested Divorce
In every divorce, couples face many critical decisions involving:
- Property settlement and division of assets and debts
- Spousal support
- Child custody and visitation
- Child support
If both you and your spouse are able to agree on these decisions, your divorce can follow the uncontested divorce path. If you’re unable to agree, however, your divorce is considered contested and will follow the more traditional divorce path we’re prone to seeing displayed on TV.
The Differences Between Contested & Uncontested Divorce
Typically, uncontested divorces resolve faster than contested divorces because they do not require a trial. Also, without a trial, uncontested divorces tend to be less expensive than contested divorces.
Another difference lies in cases that do not settle. In uncontested divorces, both spouses are able to negotiate and reach a compromise that works best. In contrast, contested divorces sometimes result in a judge making the final decisions due to lack of agreement.
Contested divorces normally arise due to disagreements with property division, child custody and alimony. Fault may also be a driving force behind a contested divorce, resulting in spouses unwilling to negotiate. Although uncontested divorces deal with the same concerns, they’re often not as emotionally charged. Instead, both spouses may agree that it’s time to settle in the simplest way possible.
Even Contested Divorces Can Reach a Resolution Through Mediation
Some divorces start as contested due to the inability for both parties to reach an agreement alone. Professional mediation attorneys can help each spouse negotiate in a healthy way, often resulting in contested divorces becoming uncontested without court.
Mediation involves you, your spouse and a neutral third-party. During the process, you’ll work together to resolve any disputes, reach an agreement and move your divorce forward.
Are You Considering a Divorce? Call an Attorney.
If you’re considering a divorce in Texas, you don’t have to do it alone. Whether contested or uncontested, a lawyer can help you understand your options. Reach out to a professional divorce attorney who can help. Give our Fort Worth, TX, law office a call at 1-817-755-1852 today.