Tag Archives: uncontested divorce

Contested vs. Uncontested Divorce: Understanding the Differences

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.

Understanding the Differences
817-755-1852 – There are two types of divorce including contested and uncontested. Although they both result in a dissolution of marriage, they have unique differences. To learn more, visit us today.

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.

4 Things You Should Know About the Texas Divorce Process

Most people who divorce have never done it before and didn’t expect to ever go through it. They have no idea what to expect. If you are considering a divorce or have been served with divorce papers, here are some basics you should know from the lawyers at the Schneider Law Firm, P.C., in Ft. Worth.

1. There Must Be Grounds for Divorce in Texas

Texas isn’t a “no-fault” divorce state. That means that in order to get a divorce in Texas, there must be a reason (“grounds for divorce”). The reason can include things like adultery, abandonment or conviction of a felony. Most divorces cite “insupportability” as the reason, which means that the marriage cannot continue due to conflicting personalities.

2. Contested vs. Uncontested Divorce

Divorces come in two types: contested and uncontested. Many people think that they have an uncontested divorce because they generally get along with their spouses. However, the definition is stricter. To have an uncontested divorce, you and your spouse must agree on every issue in the divorce. Otherwise, you have a contested divorce. Sometimes, divorces that start as uncontested divorces end as contested ones.

4 Things You Should Know About the Texas Divorce Process

3. You’ll Need to Resolve Four Major issues

Each divorce is different, and not all divorces involve children. Generally speaking, though, there are four major issues to consider in a Texas divorce:

  • Child custody: Texas courts divide child custody into conservatorship and possession/access. Conservatorship is the ability to make major decisions about the child’s life. Possession/access is where the child lives.
  • Property division: There are two types of property in Texas: community property and separate property. Community property is things you and your spouse have collected during the marriage – like your savings accounts and real estate. Your debts are also considered. Community property is usually split 50/50.
  • Child support: Courts order child support according to a series of Texas Child Support Guidelines that consider several factors.
  • Alimony: Courts can sometimes order alimony for a limited time when the receiving spouse is not able to earn enough income.

4. You Only Get One Chance to Do Your Divorce Right

It may sound harsh, but you only get one chance to decide the major issues of your divorce and make sure your interests are protected. It is possible to appeal a divorce in some cases, but it’s much easier to do things right the first time.
Talk with an attorney before making big decisions. Start by taking steps to get as much information as possible. Call the Arlington office of Schneider Law Firm, P.C., at 817-755-1852.