What Is A Contested Divorce? What Is An Uncontested Divorce?

Discord during a marriage often translates into disagreement over terms of a divorce. The question of whether to grant a divorce or not is no longer a question for courts to decide. Texas, along with most other states, allows for no-fault divorce. Divorce can be instigated by either spouse. Therefore, what is contested is not the divorce itself.

What may be contested, however, are the terms of a divorce. Spouses may disagree vehemently about key issues such as division of real estate, division of retirement benefits, spousal support, child custody or visitation. This is one reason to be wary of law firms that offer flat-fee divorces or "low-cost divorce solutions." What starts out simple and inexpensive can become complex and costly before you know it.

Beware: Uncontested Divorces Have A Way Of Becoming Contested

Even when couples believe they agree on how they will divide assets and share parenting of children, inevitably, points of disagreement emerge before the divorce process is complete. A final divorce decree can be up to 40 pages long or longer. There are many points for divorcing spouses to disagree on. An uncontested divorce may suddenly become a contested custody battle. Your spouse may say he or she agrees with you on how your marital estate will be settled, only to change his or her mind shortly before your divorce case comes before a judge.

If your Texas divorce is becoming bogged down in disagreements, you should understand that it may well take more legal fees to "win" in a dispute than what you stand to gain. A compromise may be the best path forward. Ethical divorce lawyers try to steer clients away from spending their children's future inheritances for the sake of fighting their spouses in protracted divorce litigation.

Work with an attorney who will remain on your side through the course of an uncontested or contested divorce case. When Craig A. Patton is your divorce lawyer, you can count on him to advocate for a divorce settlement that is in your best interests, taking into account legal fees and other factors.

West Texas Lawyer Providing An Array Of Family Law And Estate-Related Services

The Law Office of Craig A. Patton in central El Paso welcomes the opportunity to evaluate your divorce case and offer advice accordingly. If you and your spouse truly agree on all terms of your divorce, we can help you wrap it up without delay. If disagreements arise, we can help you negotiate a reasonable settlement without breaking the bank. If you would like to schedule an initial consultation, please call 915-255-1888 for an appointment.