Contested Divorce or Uncontested Divorce?
When seeking a divorce, the two major facets that spouses will disagree on the most are how their children will be taken care and how their property will be divided. Property and children are seen to be the most important products of a marriage. Naturally, people create strong emotional and physical bonds with their children and property. The marital residence can be one of the most valuable assets that a couple acquires during their marriage. It is difficult to readjust your life when these bonds break. Understanding the divorce process and how its potential affects may impact you and your family can help you heal faster and ease the transition into a new life chapter.
Often times an uncontested divorce is interpreted to mean there is no disagreement regarding you and your spouse’s decision to get a divorce. However, simply agreeing to get a divorce does not mean you and your spouse will agree to all the stipulations that accompany the process. An uncontested divorce means that you and your spouse have agreed on everything regarding children and property of the marriage. It is important to understand the different components and options available during a divorce in order to protect yourself and your rights. If there are children of the marriage, you and your spouse will have to decide how certain parental rights will be allocated. For example, designating a parent with the right to determine the primary residence of a child is often disputed by both spouses. Also child support, possession and visitation rights are decided during the divorce process. If you and your spouse are in agreement to the various child custody components that are coupled with a divorce, the road to divorce will be much smoother.
Another aspect of divorce that can be contested is the division of the community estate. Since Texas is a community property state, anything you and your spouse acquire during a marriage is classified as community property with some few exceptions. The community property of a marriage is subject to a “just and right” division by the court. Community property includes all income made by each spouse during the marriage. Retirement funds, insurance policies, and property managed by one spouse acquired during the marriage, may all be subject to division upon divorce. Yes this means that your personal retirement savings may be subject to division with your spouse. Our firm knows these situations can arouse even more anger and spite directed towards your spouse.
If you and your spouse agree to everything regarding your children and property, your divorce will be considered uncontested. Uncontested divorces allow more flexibility to help keep costs low and to streamline the process. Unfortunately, most divorces have contested issues. Make sure you understand the repercussions that can stem from a divorce and do not be afraid to contest something in your divorce. And if you have questions, don’t hesitate to reach out to our firm.