Contested vs. Uncontested Divorce: What’s the difference?
When it comes to divorce proceedings, it seems as though separating spouses are always fighting over something. The arguments could center on everything from who should have custody of the children and who gets the house to which of them should be awarded a priceless painting that both claim ownership to.
Emotionally charged divorce disputes like these play out so often in courtrooms throughout Texas and even in our favorite TV shows that we’ve come to believe contested divorce cases are a foregone conclusion.
Believe it or not, not all divorces are contested. Plenty go uncontested; in other words, they are resolved amicably as both spouses will agree to anything simply to go their separate ways as quickly as possible. This blog post will quickly summarize the difference between contested and uncontested divorce. Do you know the difference?
Contested Divorce – What is yours is mine, too
If approximately 50 percent of all marriages end in divorce, the majority of those legal separations will likely be contested. And like previously mentioned, contested divorce cases range from fighting over the most trivial of property to high-stakes decisions such as what is in the best interest of their children.
In some contested cases, one spouse seeks the divorce while the other has been blindsided and doesn’t want the divorce at all. In other situations, the parties are so combative that they can’t stand the sight of each other. Nothing will be accomplished amicably, which means family lawyers and judges must take the reins and decide what is right and just.
A few of the sticking points common in contested divorce cases include:
- Child custody
- Alimony or spousal support
- Property division
- Debts and asset distribution
Uncontested Divorce – That’s fine with me
Unlike contested divorce, an uncontested divorce is much quicker since both parties don’t have anything they want to argue over and don’t hold each other responsible for the breakdown of the marriage. Maybe there were a few decisions they needed to agree on in the beginning, but the goal was always to settle out of court and speed the process along.
Keep in mind that uncontested divorce cases can become contested in the drop of a hat, but for the most part, there are no objections. Spouses that might end up having an uncontested divorce include those who:
- Haven’t been married long and don’t have children
- Don’t have much property, debts, or assets between them
- Are amicable and thinking about the best interests of their kids. Or, they are focusing on the business aspects of the divorce rather than the emotional aspects of the divorce.
Call Nelson Law Group Today!!
When it comes to divorce, it is always a good idea to talk to a lawyer about your situation. Give our knowledgeable staff here at Nelson Law Group, PC in Flower Mound, Texas a call if you have any further questions regarding this – or any other – issue. Give us a call today! For more information about Brett A Nelson click here.
