Why a Contested Divorce May Be the Best Choice for You
When a couple is going through the divorce process, there are two types of procedures available to them. The first type is an uncontested divorce, which is where both parties can mutually agree on all details involved in their separation. While this process tends to be much easier and more cost-effective, it doesn't always work out that smoothly and may still require some negotiation.
In cases where the spouses cannot reach an agreement, the second option is to pursue a contested divorce. This type of case requires that any unresolved issues be dealt with through legal channels and could involve lengthy negotiations or trials in order to determine alimony payments, child support amounts, shared property, and other matters related to the marriage. A contested divorce can be time-consuming as well as expensive and emotionally taxing for those involved; however, there can also be advantages in comparison to an uncontested procedure.
Some of the possible advantages of choosing a contested divorce include having attorney guidance during the proceedings; ensuring each spouse will receive what they are entitled to from the dissolution of marriage; avoiding future complications with things such as income tax returns; and allowing for more certainty via court rulings rather than relying on informal agreements with no legal protection.Uncontested vs. Contested Divorce
Contested and uncontested divorces are two different paths a couple can take when they decide to end their marriage. In an uncontested divorce, both parties have agreed on all the essential points surrounding their divorce. This includes the division of property and assets, child custody, child support, and any other matters that need to be considered. This type of divorce typically takes less time because there is a verbal or written agreement in place for settling the major issues.
A contested divorce arises when the spouses are unable to reach an agreement on the terms. This might mean disagreements over alimony, division of assets and debts, or how much time each parent will spend with the kids if minor children are involved. With a contested divorce, negotiations can become heated if couples cannot come to an amicable resolution and instead fight for what they believe is fair. The process could take longer as disputes move through court proceedings depending on the state's laws for obtaining a final judgment or even require mediation or arbitration before an agreement is reached.Reasons For Contesting a Divorce
When it comes to divorce, disputes over certain topics can lead to a contested divorce. Disputed matters in a divorce may encompass any topic that causes disagreement between the involved parties.
The factors that may need to be addressed include the allocation of finances, property ownership, and child custody. It is essential to understand why someone would typically contest a divorce before deciding whether they would like to do it themselves or hire an attorney.
In Texas, there are usually reasons why a divorce lawyer might recommend that you contest your divorce. These reasons include unfair property division if one party feels entitled to more than the other; parental rights and responsibilities such as being denied visitation; modifying prior agreements if one spouse challenges the existing terms; claims of fault by one spouse against another regarding bad behavior; and lastly, deny marital fault in order to protect against negative implications from admitting knowledge of spousal faults. To ensure that these issues are handled properly, it is important to have an experienced attorney on your side who will fight for your best interests in court proceedings.The Concealment of Assets
During a divorce, it is not uncommon for one spouse to conceal assets from the other. This can create an unequal split in property division and the resulting financial effects felt by both parties. In some cases, assets may be hidden in investments or accounts on multiple continents, making them even harder to uncover in a legal proceeding. Even if assets are relatively small they can still have an impact on the spousal maintenance amount or child support payments.
Due to the difficulty of cultivating all assets involved during a divorce, discovery procedures are often relied upon. Contested divorces provide greater access to these tools and provide spouses with the opportunity to gain level footing when seeking out what has been kept secret between the parties. With this knowledge and the aid of experts such as forensic accountants, concealed assets can appear and be divided equitably among all involved.The Best Interests of Children
Parents disagreeing about co-parenting arrangements or custody can be a challenging and difficult situation for the entire family. In order to get a court ruling on custody and visitation, a contested divorce is often necessary as the judge is ultimately tasked with determining what best serves the needs of the children involved in the case.
When determining custody arrangements, multiple factors are considered including the emotional and physical needs of the child, the ability of each parent to provide for their children, any past conflicts between parent and child, and the preferences of the children involved.
This process works hard to ensure that the needs of all parties involved are respected while putting what is best for the children first. As such, it can be an arduous task best handled by experienced family law professionals in order to achieve favorable outcomes.Spousal Maintenance
Spousal maintenance, also known as alimony, is financial support given from one former spouse to another. Generally, this is part of the divorce settlement and is required whenever two spouses can no longer legally live together. In a contested divorce case, the judge will decide whether spousal aid should be granted or not; they must determine that the party who is requesting it gave up viable job opportunities during their marriage in order to give support to their partner.
The reason for awarding spousal maintenance can vary greatly; perhaps one partner had to stop the school from taking on a job while their partner was completing an undergraduate degree. Additionally, if a spouse endured an injury or medical condition that left them incapable of work, then spousal support may become an issue in court; also, if someone is primarily caring for a disabled child and cannot contribute financially to the former household. All of these are valid reasons for legal proceedings to deem spousal maintenance necessary after the dissolution of a marriage.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.