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Differences Between Uncontested and Contested Divorce in Texas

Divorce is a tough and emotional process, and in Texas, it can be one of two types: contested and uncontested divorce. Understanding the difference between the two is key if you’re about to go through this life-changing event. While an uncontested divorce may be faster and less stressful, a contested divorce can mean long drawn-out court battles over big issues like child custody, property division, and spousal support.

In this blog, we’ll break down the differences between uncontested and contested divorces in Texas, how each works, the challenges, and why you need an experienced Woodlands divorce attorney to make informed decisions during your divorce.

What is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on all the important parts of ending their marriage. This includes asset division, debt responsibility, child custody, child support, and spousal support. With no issues to resolve, the process moves forward with no delays or complications.

Uncontested Divorce Process

In Texas, an uncontested divorce starts with one spouse filing a petition for divorce in the correct county court. This includes creating a divorce agreement that outlines their agreed-upon terms for property, custody, and financial matters. Both parties then file a joint agreement that outlines their agreed-upon terms for property, custody, and financial matters. Once filed, the couple must wait the 60-day “cooling off” period before the divorce can be finalized. After the waiting period and assuming no issues arise, the judge will sign the agreement without a court hearing.

Benefits

The biggest advantage of an uncontested divorce is the speed and cost compared to contested divorces. With fewer legal battles, attorney fees are lower, and emotional stress is less. Couples can get it done in a few months instead of years of court battles.

Limitations and Risks

While uncontested divorces are simpler, they’re not for every situation. Couples with kids, high-value assets, or businesses may not be able to agree. Without legal guidance, one spouse may unknowingly agree to unfavorable terms and sacrifice important rights in the process. In those cases, even small issues can turn an uncontested divorce into a contested one and make the process longer and more expensive.

What is a Contested Divorce?

A contested divorce occurs when one or more issues are unresolved between the spouses. These can be child custody, asset division, spousal support, or debt allocation. When issues arise, the couple must go to court to have the issues decided.

Contested Divorce Process

A contested divorce starts when one spouse files a divorce petition. The process begins with one spouse filing divorce papers, which are then served to the other spouse. The other spouse is served and given 21 days to respond. If the couple can’t resolve their differences through negotiation or mediation, the case moves forward with court hearings.

A case management conference is usually scheduled within a few months where temporary orders for child custody, support, and other issues may be set. Both parties will then go through the discovery phase, where they gather evidence and build their cases. If a settlement can’t be reached, the case goes to trial, where a judge will make the final decisions.

Challenges

Contested divorces are more time-consuming and expensive than uncontested divorces. Attorneys, court fees, and expert witnesses (financial or business evaluators) can add up quickly. Emotional stress is also higher due to prolonged conflict and uncertainty. This type of divorce can take several months or even years to finalize, depending on the issues involved.

Common Disputes

The most common disputes in contested divorces are disagreements over divorce terms such as child custody, asset division, and spousal support. Disagreements on who will be the primary custodian of the children, how assets like homes or businesses are divided, and whether one spouse is entitled to ongoing financial support often lead to long legal battles. In some cases, fault-based grounds like adultery or cruelty can also be an issue in contested divorces and impact property division and support decisions.

Differences Between Uncontested vs Contested Divorce

It’s important to understand the differences between contested vs uncontested divorces in Texas.

Time and Cost

Contested and uncontested divorces differ significantly in terms of time and cost. Uncontested divorces are faster and less expensive. Since both spouses agree on everything, the divorce can be finalized after the 60-day waiting period and often in a few months. Legal fees and court costs are minimal since no court hearings or trials are needed.

Contested divorces take much longer. With major issues unresolved, the process can take months or even years. Costs go up with attorney fees, expert witnesses, and multiple court appearances. Be prepared for a much more expensive and longer legal battle.

Emotional Stress

Uncontested divorces are less emotionally stressful since both parties are working together to reach an agreement. The cooperative process avoids the tension and hostility that come with legal disputes. For many, this makes the process more bearable and less draining.

Contested divorces are more emotionally draining. The constant conflict, negotiations, and uncertainty add up to a lot of stress. Disputes over children, property, or financial issues can further strain relationships, making the process difficult for everyone involved, especially if the case goes to trial.

Control Over Outcome

In an uncontested divorce, the couple has control over the terms of the divorce. Since both parties agree on everything, they can shape the outcome to suit their needs and desires. This gives them a sense of certainty and predictability, which is often preferred.

In a contested divorce, control over the outcome is largely given up to the court. When a judge has to make final decisions on unresolved issues, the result may not be what either party wants. Lack of control adds to the frustration and uncertainty of the process.

Complexity of Issues

Uncontested divorces are best for simpler situations where there are fewer assets, no complex financial arrangements, and no children involved. When both parties are on the same page on property division and parenting responsibilities, the process is straightforward.

Contested divorces are more complex. High-value assets, businesses, retirement accounts, and custody disputes add to the complexity, often requiring expert input and multiple legal proceedings to resolve. This added complexity makes contested divorces much harder to manage.

Couple Signing Divorce Papers - Contested Divorce

Legal Considerations in Texas Divorces

When getting a divorce in Texas, there are several legal factors to consider that can impact the process. Below are some of the key legal considerations for couples to be aware of during a divorce.

Community Property

Texas is a community property state, which means all assets and debts acquired during the marriage are generally divided equally between spouses. This includes everything from real estate and bank accounts to retirement funds. Property owned before the marriage or received as a gift or inheritance is separate property and not subject to division. Disagreements over what is community and separate property can lead to complications and disputes during the divorce.

Fault and No-Fault Grounds

Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, the reason cited is “insupportability,” meaning the marriage can’t continue due to conflict or discord. However, a spouse can also file for divorce based on fault grounds such as adultery, cruelty, or abandonment. In these cases, the court may consider fault when dividing property or awarding spousal support and may benefit the spouse who was wronged.

Child Custody and Support

Child custody and support are often the most contentious issues in Texas divorces. The state follows the principle of acting in the “best interest of the child” when deciding custody. Texas courts can grant joint managing conservatorship where both parents have decision-making or sole managing conservatorship to one parent. Child support is calculated based on state guidelines and primarily based on the non-custodial parent’s income. Disagreements over custody or support can add months to the divorce process.

Spousal Support (Alimony)

In Texas, spousal support or alimony is not automatic in every divorce. It’s typically awarded based on the financial needs of one spouse and the ability of the other to pay. Factors such as the length of the marriage, the health and employment status of both spouses, and whether fault grounds like adultery or cruelty are involved can impact whether alimony is awarded and for how long.

Division of Complex Assets

Divorces involving complex assets like businesses, retirement accounts, or investments require special attention. Business valuations, tax consequences, and future earnings potential are often points of contention. In some cases, experts are brought in to value the assets and ensure a fair division. Failure to account for complex assets can result in significant financial loss for one or both parties.

Modifications and Enforcement

Once a divorce is final, it can be hard to modify the terms. However, circumstances can change, especially with child custody or support. Texas law allows for modifications if there is a substantial change in circumstances, such as job loss or relocation. And if one party doesn’t comply with the divorce decree, the other can enforce it through the court to ensure compliance with the agreements.

Consult With an Experienced Woodlands Divorce Lawyer ASAP!

If you’re considering divorce and unsure whether an uncontested or contested divorce is right for you, reach out to our team at Bolton Law. Our attorneys are here to guide you through every step, ensuring your rights are protected and helping you achieve the best possible outcome.

Contact us today at 281-351-7897 for a free case consultation!

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