Understanding the Difference Between Contested and Uncontested Divorce in Texas

March 20, 2018

Generally speaking, there are two kinds of divorce: contested or uncontested. Both types have their advantages and disadvantages. It’s important to understand what each entails before you and your lawyer decide which one is the better option for you.

Uncontested Divorce

If you and your former spouse can come to a complete agreement on all aspects of your divorce, you may file an uncontested divorce. This means that you agree completely on child custody arrangements, the division of property, and the allocation of debts and assets. Essentially, you take everything that would be divided between the two of you and split it up yourselves. Then, you both affirm that you understand the paperwork and willingly sign the divorce papers.

This is a best-case scenario divorce. No one is fighting or impeding the divorce process. There are no ugly claims that one spouse caused the divorce. With clear and easy communication between both parties (and skillful representation), the divorce proceeds at a relatively faster pace, saving everyone time and legal fees.

Contested Divorce

If you and your former spouse cannot agree on one or more issues, the divorce will be contested. These tend to be adversarial and take a toll on people’s emotions and finances. With contested divorces, you may go through mediation, arbitration, or even trial before your divorce is finalized. This means contested divorces take longer and often are costlier than uncontested divorces. In addition, since you’re asking the judge to make decisions over the divorce, control over your divorce has essentially left your hands, and it is now up to the judge to make decisions as he or she sees fit.

Contested or Uncontested, You Need a Texas Family Law Lawyer

When you are facing a family law issue in Texas, whether it’s a divorce, child or spousal support, or everything else in between, you will want to hire a lawyer that focuses their practice on family law, as opposed to a lawyer that handles a variety of cases. When you do, you’re hiring someone who knows the people and the process behind family court well, and have probably dealt with a similar situation as yours in the past. The Alsandor Law Firm is led by Cheryl Alsandor, who is Board Certified in Family Law by the Texas Board of Legal Specialization.

Contact Us

At the Alsandor Law Firm, we have your and your family’s best interests at heart. When you decide that a divorce is imminent, our family law specialists are ready to help you. Ask us any questions you may have, and we can work together to discover what the best solution is for you. Give us a call today at (713) 661-9783.

Client Reviews
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