Jon R. Disrud

Protecting Your Rights. Guarding Your Interests.

How do contested and uncontested divorces differ?

| Jun 25, 2019 | Estate Planning |

Many people assume that the divorce process is always the same, and people with this assumption may be surprised to learn that it is untrue. Texas couples who are considering divorce can select the divorce process that make the most sense for their situation.

If you and your spouse are considering ending your marriage, it can be beneficial to understand the options, so you can select the one that best meets your needs. In general, a couple can choose a contested divorce or an uncontested divorce.

Contested divorce

When most people think of divorce, they think of a contested divorce, which involves going to court to litigate in front of a judge. A contested divorce can be the best choice when a couple cannot come to an agreement on the terms of their divorce.

When a couple cannot agree, a judge must decide on each presented issue. Some of the issues that must be resolved during a divorce can include child custody, child support, property division and alimony.

Uncontested divorce

An uncontested divorce involves a couple coming to an agreement on all the terms of their divorce. However, couples do not always reach these agreements on their own. Sometimes, they use divorce methods such as mediation or collaborative law to reach an agreement.

Uncontested divorce is often less expensive and less time consuming than a contested divorce would have been. However, it may not be the most advantageous way to end a marriage if spouses cannot work together or speak to each other respectfully. It may also not be appropriate if domestic violence is present, if substance abuse is present, if one spouse does not want to get a divorce or if one spouse is manipulative.

Every marriage is a unique situation, and so is every divorce. If you and your spouse determine that it is time to end your marriage, it can be valuable to consider all of the available ways to do so. An uncontested divorce can have many benefits, but it is not appropriate for all situations. Ultimately, you and your spouse must decide what type of divorce best fits your unique situation.