If you’re going through a divorce, it’s only natural to want to keep the drama dialed down for the sake of your emotional well-being and your children’s best interests, and this is generally advised. An uncontested divorce that keeps your case out of court tends to be the most efficient path forward, but this isn’t to say that pursuing a contested divorce should never be considered.
Sometimes, the best way to protect your rights in divorce is by heading to court, and your experienced Round Rock divorce attorney will help you make the right choices for you, including whether or not you should consider a contested divorce.
Contested vs. Uncontested Divorce in Texas
To begin, it’s important to know what distinguishes a contested divorce from an uncontested divorce in Texas. An uncontested divorce is one in which the couple negotiates their divorce terms – through any means available to them – between themselves and doesn’t need the court’s intervention in the process.
Finding Middle Ground
Divorcing spouses can negotiate by hashing things out between themselves—with the trusted guidance of their respective divorce lawyers—or, barring that, allowing their attorneys to do the negotiating for them, which can help move things along when the cases are especially contentious. There are also alternative dispute options, including mediation, to consider.
Mediation is a structured approach to negotiations, but it’s far less formal than going to trial. At mediation, each spouse and their focused divorce lawyer meet with a professional mediator who serves as a neutral third party.
The mediator exchanges information between both sides in an effort to bolster any compromises the participants have already reached and to help keep things moving forward.
Decision-Making Authority
A primary motivation when it comes to pursuing an uncontested divorce is that the couple retains the right to make major decisions about their finances and their children between themselves. Regardless of how challenging it is to do so, most divorcing couples consider it preferable to retain their decision-making authority rather than handing it over to the court.
In a Contested Divorce
In a contested divorce, the divorcing couple turns to the court to make one or more of the big-picture divorce determinations on their behalf. This means that they weren’t able to reach a mutual agreement regarding every divorce term that applies to their case and that they likely don’t see any possibility of getting there on their own.
At this point, the couple is counting on a virtual stranger to make important decisions regarding their rights, and most people in most situations would prefer to avoid this. To explore your options and maintain more control over the outcome, reach out to an experienced Round Rock divorce attorney.
Divorce Plans Can Quickly Change Course
Most divorcing couples head into the divorce process with the intention of keeping things on an even keel – in an effort to save money, limit heartache, and speed up the process. Even if you and your divorcing spouse are both fully committed to doing everything you can to keep your divorce uncontested, it’s important to know that divorce is nothing if not unpredictable.
The bottom line is that there is a lot at stake in relation to both your parental and financial rights and as your divorce case begins to pick up speed, emotions are likely to run high.
The stress of the situation itself and of the unknown can push otherwise reasonable people to buckle under the pressure, and this alone can move the needle in the direction of a contested divorce.
In other words, under certain circumstances, you may not have a lot of choice when it comes to taking your case to court. If the only way to put your divorce behind you with your rights intact is by going the contested route, your decision has likely been made for you.
The Benefits of Uncontested Divorce
While the vast majority of divorces in Texas are uncontested, it’s important to keep in mind that every case is unique, and each should proceed according to what makes sense in relation to the circumstances involved. Generally, uncontested divorce is preferred for all the following primary reasons:
It tends to be less expensive, which includes requiring less legal prep.
It tends to be less time-consuming, which includes the fact that the court’s docket needn’t be taken into consideration.
It tends to be less emotionally taxing and can make things easier for the children.
There are plenty of excellent reasons why uncontested divorce is generally preferred, but there are definitely exceptions to the rule.
When a Contested Divorce Is Worth the Effort
There are a range of situations in which a contested divorce is worth all the additional effort you’ll need to put into it. Ultimately, only you know what’s right for you, but the better informed you are on the matter, the better prepared you’ll be to make the right decisions for you.
If Your Spouse Simply Refuses to Engage in Reasonable Negotiations
There is much to recommend taking the high road in divorce, and many people find this approach very motivating.
Not taking the divorce process personally, not getting bogged down by the pesky details, and not letting your spouse’s antics get under your skin are commendable and could help you keep your divorce chugging along at record speed.
If, however, your spouse refuses to see reason and is focused on making things hard on you, than they are in getting down to the business of meaningful negotiations; the writing is on the wall. In this situation, it’s almost certain that no amount of effort on your part is going to make your divorcing spouse come to their senses, and this makes heading to court the only option.
In fact, if your spouse is letting you know in every way that they can that they want a battle, you should take them at their word. At this point, cutting your losses and proceeding directly to court is probably advised.
If Your Spouse Caused Your Marriage to Fail and Your Rights Are on the Line
Most Texas divorces are no-fault, which means they are based on what the state calls insupportability – or what you may think of as irreconcilable differences.
All uncontested divorces are no-fault cases – because to obtain a fault-based divorce, you must prove your spouse’s wrongdoing, such as adultery or cruelty. This is a challenging process, and your spouse is unlikely to accept your take on the matter, which means the court’s attention is required.
If your spouse is directly responsible for your marriage’s failure, you can still proceed with an uncontested divorce, but there is no requirement that your spouse afford you better terms in response to their wrongdoing.
If you pursue a fault-based divorce in this situation, however, some of your divorce terms could be weighted in your favor as a result, which can make proceeding to court less daunting.
If Your Divorce Involves High Assets and You Have Concerns about Transparency
The State of Texas considers all the assets that a divorcing couple acquired during their marriage marital property, which must be divided in a just and right manner upon divorce. This means fairly when the involved circumstances are taken into careful consideration.
High assets and complicated financials, such as business ownership, tend to make property division more challenging. If your spouse is more involved in your family’s finances than you are, this can also make the situation more precarious.
If your spouse is making it difficult for you to assess the full scope of your marital assets or is engaging in practices that are designed to artificially benefit them financially, going to court may be in your best interest.
Once someone stoops to devious practices in order to keep more of the marital estate for themself, it can be hard to predict how far they’ll go, and the more considerable your assets, the more you stand to lose.
If you can prove that your divorcing spouse engaged in the dissipation of assets in the buildup to your divorce, it could lead to the court affording you more advantageous financial terms. This is another situation in which you may be better off pursuing a contested divorce in court. To protect your financial interests, reach out to a trusted Round Rock divorce attorney.
If You Have Credible Concerns Regarding Your Children’s Well-Being
If your divorcing spouse is interested in receiving a generous amount of parenting time and you have credible concerns about your kids’ safety and well-being when they’re with their other parent, it’s something you shouldn’t ignore.
If, for example, your soon-to-be ex has engaged in child neglect or child abuse, limiting the amount of time they spend with your children is a legitimate concern, and bolstering their safety through supervised visitation may be necessary.
If the reason for taking your case to court is concern for your children’s safety, you shouldn’t be dissuaded from doing so. Their well-being is paramount, and turning to the court to help you safeguard it is always advised.
The Terms of Your Divorce
In some cases, a contested divorce hinges on just one term, while – in others – the terms are more interconnected and require the court’s intervention on each. Regardless of your situation, it’s a good idea to have a solid understanding of each divorce term in relation to your unique case.
Child Custody Arrangements
Texas addresses child custody in terms of both legal and physical custody. Legal custody determines how the parents will address big-picture childcare decisions like the following:
Where the kids go to school
The health care the kids receive
The extracurriculars and travel the kids participate in
The religious upbringing the kids receive
You and your ex can make these decisions together, but one of you may have tie-breaking authority. Alternatively, you can divide the decisions between you according to topic. When supported by the circumstances, one parent can be assigned sole legal custody.
Physical custody refers to parenting time, and in Texas, this matter is always based on the children’s best interests. Experts agree that spending a considerable amount of time with each parent generally aligns with children’s needs, and both parents usually receive ample parenting time.
Child Support
Child support is calculated according to clear state guidelines. Parents are required to support their children financially, and this support is based on each parent’s ability to provide it. As such, the parent who earns more generally pays child support, and this holds true even when parenting time is shared equally.
The Division of Marital Property
As mentioned, marital property must be divided fairly in a Texas divorce. Because the relevant circumstances that determine this fair division can vary widely, no two property division cases are ever identical. The greater the assets, the greater the risk of complications in the division of marital property.
Spousal Maintenance
Spousal maintenance is the term Texas uses for alimony, and the state has some of the most restrictive policies in the nation. Alimony will only play a role if the divorce leaves one spouse unable to address their reasonable needs, and it will only factor in if the other spouse has the financial means to help.
Alimony is designed to help recipients gain greater financial independence through education, job training, or the acquisition of job skills. In Texas, alimony generally isn’t awarded if the marriage didn’t last at least 10 years. The state also sets careful parameters for the amount of alimony that can be awarded and for its duration.
Discuss Your Concerns with an Experienced Round Rock Divorce Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a resourceful Round Rock divorce attorney who will spare no effort in pursuit of a favorable case resolution for you, including being well-prepared to address the matter in court if it comes to that.
Learn more about what we can do to help by contacting or calling us at 254-781-4222 and scheduling a free consultation today.