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The Difference between a Contested and Uncontested Divorce
Texas divorce laws are complex. Although you don’t need grounds for divorce, such as adultery or abandonment, you can use those things to obtain a better settlement. Some couples completely agree and get through the divorce process quickly and easily, while others have a hard time separating property and determining custody. There are two types of divorce, contested or uncontested, and it’s important to understand the differences if you are considering breaking up your marriage.
An uncontested divorce is where you and your soon-to-be-ex spouse have resolved all the issues between you. This includes child support, custody, visitation, property division, and alimony or spousal support. It’s admirable to do this, and it certainly costs less for both parties to work out these problems without the assistance of the court.
You may think that with an uncontested divorce, you don’t need to seek the advice of a lawyer. However, even though you don’t need counsel to work out the details of your separation, it is good to talk to an attorney who specializes in family law to make sure that you have the information to act in your best interest. It can help you make sure that you have covered all your bases. This way nothing is left on the table when you file for divorce. You don’t want to be stuck with all the debts from the marriage because you forgot to include them in the settlement.
A contested divorce is one that typically gets adversarial. Mediation may avoid messy litigation, but this type of divorce is more costly and difficult because the parties do not agree on certain aspects of the separation. If you are working through problems of domestic violence or abuse, you want the protection of litigation during your divorce to ease your stress.
With a contested divorce, it is obvious that you want a legal professional on your side. Preparation for court and a potential trial is paramount to make sure that your rights and interests are protected. A good lawyer can assist you in negotiation before trial which means that the decisions about your divorce are not left to a judge. You have more control over the outcome when this happens.
Going through a divorce is never easy, whether it’s an uncontested or contested divorce. Don’t try to make difficult decisions without legal counsel. Custody issues and property division are complex matters that will affect you for a long time. You need to make the best choices for everyone involved so that you can move on with your life. To learn more about a divorce lawyer in Temple, click here.
Eric writes often about the legal field. You can find his thoughts at seek legal advice blog.