Divorce lawyers in Texas realize that no divorce is ever easy. Still, some couples have a more difficult time than others if the split-up is contested. Uncontested divorces often proceed more smoothly.

Determining whether or not your case will require divorce attorneys to represent you in court depends on whether the divorce is contested or uncontested.

To fully understand the potential complexities involved, divorce lawyers stress you need to know what makes each of these types of dissolution different and how to work towards an uncontested divorce.

What is an Uncontested Divorce?

Divorce lawyers explain that an uncontested divorce is one where you are able to work out differences with your spouse amicably that lead to easy and fair agreements about the split-up. This includes coming to an agreement on things such as:  

  • Division of marital and personal property including assets such as the home, investments, and retirement accounts.
  • Division of and responsibility for marital and personal debt.
  • Child custody arrangements and payment of child support.
  • Signing of all required documentation to finalize the marital settlement agreement and any child custody orders.

Attorneys who handle divorce issues for their clients note that anytime spouses are able to work together and come to suitable agreements that simplify and facilitate the proceedings, there is usually much less stress and emotion involved.

An uncontested divorce can be finalized faster and cost less since there is no need to go to trial when you are able to work out everything with the help of experienced divorce lawyers to guide you through the details that must be agreed upon first.

What is a Contested Divorce?

A contested divorce is one that you are unable to reach an agreement on certain details within the proceedings despite working with your individual divorce lawyers.

If spouses fail to agree on any of the pertinent details, an attempt to resolve these disagreements is made through mediation.

When mediation fails and there are still disagreements, divorce attorneys must then proceed to a trial.

Important Considerations About A Contested Divorce

If you and your spouse are not able to reach an agreement even with the help of your divorce lawyers and require the intervention of the court, the judge has the power to make any final decisions.

Decisions made by the judge may be even less favorable than working things out in mediation.

Since there is always a chance that going to trial could result in decisions that are very different than what could be worked out otherwise, attorneys recommend you find a way to agree on things before this happens.

Still, it is important to note there are some circumstances where divorce lawyers will actually recommend a contested divorce.

This typically happens when a couple filed an uncontested divorce but the agreements reached are unfair to one of the spouses and may be the result or the threat of abuse.

They may not sufficiently deal with issues of child custody and support or do not fairly or sufficiently handle property and assets division.

A Final Thought

Even though splitting up is never easy, Texas divorce attorneys find that in most cases an uncontested divorce can be easier for everyone involved.

If you are unable to agree on the important details, the other option is to allow the court to intervene through a contested divorce!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
Meetings With Attorneys By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite A
San Benito TX 78586