Updated on July 22, 2024
Every divorce is different, and the things that are important to you in your divorce are unique to your situation and will shape the path of your divorce case. However, there are three basic categories of divorce: contested divorce, uncontested divorce, and collaborative divorce.
If your divorce is uncontested, it is likely to proceed far more smoothly than a contested divorce, but it is important to recognize that because divorce is so complicated and so stressful, what begins as an uncontested divorce can quickly head in a more contentious direction. Understanding how these categories of divorce differ from one another can help you determine what path is right for you. Contact a Killeen divorce attorney to help you determine which divorce type will be the best fit for your case.
Uncontested Divorce
The basic elements of every Texas divorce include making determinations regarding all of the following divorce terms (that apply to your situation):
If you and your divorcing spouse can hammer out terms that you are both willing to sign off on for each of these categories, your divorce is an uncontested divorce, which is always the least time-consuming, expensive, and emotionally challenging direction to take.
If you cannot come to an agreement on every major point, you will need to continue moving forward with your respective attorneys’ guidance and negotiation skills. If you simply cannot come to agreeable terms for one or more components of your divorce, your divorce becomes contested, and the court will make the necessary determinations on your behalf.
If you pursue an uncontested divorce, remember that just because your spouse is cooperating with you in hammering out the divorce details does not mean that he or she is above hiding assets or important information from you – consult with an experienced Killeen divorce attorney to protect your rights.
Collaborative Divorce
A collaborative divorce is a divorce in which both parties agree to try their best to settle their differences out of court. You and your divorcing spouse will work with the same professional team to collaborate on divorce terms that work for both of you. This collaboration can include sharing a divorce attorney, parenting specialists, financial planners, and more.
Importantly, the parties commit to collaborating by having their attorneys sign an agreement that requires them to withdraw from the case if they are unable to reach a settlement. This arrangement strongly incentivizes both parties to settle out of court, as they would have to start over with new attorneys if they are unable to work out their differences.
A collaborative divorce offers an opportunity to work together to find common ground while saving time, money, and – often – heartache. A collaborative divorce is an especially good option when children are involved.
Contested Divorce
A contested divorce means that the court will have to step in to make one or more of the important determinations that need to be made before your divorce can be finalized.
For example, if you can’t agree on the just and right division of your marital property, but you found a middle ground on every other issue, the court will only need to address the contested issue of property division. In other words, even if your divorce is contested, the more common ground you can find with your soon-to-be ex, the more control you will retain over its outcome.
A contested divorce is generally the most expensive, most time-consuming, and most emotionally fraught divorce option, but there are instances when a contested divorce is in your best interests. An experienced Killeen divorce attorney will help you make this determination.
Discuss Your Divorce with an Experienced Killeen Divorce Attorney Today
If you are facing divorce, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a formidable divorce attorney with an impressive record of helping clients like you obtain favorable divorce terms. We are here to help, so please do not hesitate to contact us online or call us at (254) 781-4222 for more information today.