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What to Expect When Going Through a Contested Divorce

What to Expect When Going Through a Contested DivorceA contested divorce is a divorce in which one or both parties involved do not agree with certain aspects of the divorce proceedings and raise objections to them in court. The issues that a couple may contest during a divorce can depend on their individual circumstances, however, some of the most common matters that may be disputed include property division, alimony, and child custody.

In order to begin the process, at least one of the partners must officially file for divorce with the courts. At this point, either or both parties can also raise objections to various terms in the decree, including but not limited to those related to financials, parenting plans, and asset distribution. Once all these disputes have been documented and filed with the court, it will then be determined if they can be solved through negotiation or if contested hearings must take place before a final decision is reached regarding contentious matters. Depending on the case’s complexity and whether it enters into litigation proceedings or goes through other alternative dispute resolution methods like arbitration or mediation, this process can be lengthy and costly.

What Does Contested Divorce Mean?

A contested divorce is a type of legal proceeding that occurs when two spouses have been unable to reach an agreement on the major issues related to the dissolution of their marriage. This could mean that one or both of the spouses disagree on how assets should be divided, how child custody should be arranged, and/or whether alimony should be paid.

The court will become involved in order to resolve the disagreements pertaining to a contested divorce. To do so, each side needs evidence and must succeed in convincing the court that their argument is sound. This can involve long periods of research and preparation, as well as formal courtroom hearings involving oral arguments by attorneys representing each party’s interests. The length of time it takes to settle a contested divorce varies depending on the complexities and difficulties posed in reaching a compromise.

Contested Versus Uncontested Divorce

An uncontested divorce is one where both spouses agree on all divorce-related issues, such as the division of marital property, child custody and support, and spousal support. These divorces are often much more cost-effective for the parties involved due to their simple nature. Contested divorces, on the other hand, require more attorney’s fees and other expenses as both sides attempt to argue their case in court. In the case of a contested divorce, judges may require a period of waiting before making it final. Therefore, it can take quite some time for these divorces to be finalized which can lead to an unfavorable outcome if a mediator isn't used.

In order to avoid a costly and long-winded legal process such as a contested divorce, it is important that couples negotiate firmly and realistically with each other whenever possible in order to reach agreements that are fair and equitable for both parties rather than relying solely on government intervention or automated litigation by means of the courts. This will result in much lower costs overall while making sure all essential matters are addressed properly with each side getting what they want out of the proceedings in an agreeable manner for all involved which will ultimately lead to an amicable resolution.

Uncontested Divorce

An uncontested divorce is a convenient and cost-efficient way for spouses to dissolve their marriage. It means that both parties agree on all aspects of the divorce without any arguments or disagreements. The benefit of this process is that it eliminates difficulties that arise when couples try to negotiate their divorces in court, such as costly legal fees and prolonged stress.

To proceed with an uncontested divorce, spouses must comply with the legal requirements of their state. These requirements may include the ability of both parties to properly communicate with each other or have enough income to support themselves after the divorce. While these rules can be complex, it’s possible for experienced lawyers and other professionals to help facilitate the process so that spouses can get divorced without engaging in expensive and time-consuming litigation.

Beyond its practical benefits, an uncontested divorce can also improve relationships between former partners and enable them to remain civil after ending their marriage. This could be particularly beneficial if children are involved because it eliminates the need for long drawn-out negotiations or court battles over custody arrangements or visitation rights. 

Contested Divorce

A contested divorce is a complicated legal process that can cause considerable difficulty and stress. It occurs when one or both of the parties in the marriage disagree on some aspect of the divorce, ranging from spousal support to who should get which assets. The process typically involves a lot of back-and-forth negotiations, in addition to paperwork and other legal procedures such as court hearings. Before a contested divorce can be finalized, all issues must be resolved; this may include one or both spouses hiring attorneys to help negotiate these issues. Perhaps most importantly, spouses will have to engage in “divorce discovery” – the information-gathering process involving various procedures such as written questions, subpoenas, and depositions in order to uncover evidence for their case. All of this can take time and money which no one ever wants to spend but is sometimes a necessary evil to secure a candid divorce settlement for both parties.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.

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