How Does an Uncontested Divorce Differ from a Contested One in Texas?

In Texas, an uncontested divorce happens when both parties agree to get divorced and can agree on all issues. Normally, uncontested divorces are filed on the grounds of “insupportability.” This means no one is to blame, or at least the couple chooses not to put blame on anyone. Instead, they agree that the marriage simply cannot continue, and they agree on how they should separate. An uncontested divorce is much more time-consuming and difficult to get through. Whether you’re going through a contested or uncontested divorce in Texas, a lawyer can help things go more smoothly.

How Does an Uncontested Divorce in Texas Differ from a Contested One?

An Uncontested Divorce

The thing that makes this an “uncontested” divorce is the complete consent of both partners not only to get divorced in the first place but also on how to deal with all matters in their divorce. This can be harder than it might sound because it has to cover absolutely everything. You have to agree, first, on how you’re going to divide all your property and debts. This also means you have to agree on what assets are shared and what might be considered separate. Texas views all property acquired by either party during the marriage as belonging to both parties. Separate property is property that one partner had before the marriage began, so long as it was not mingled with marital property later, or anything that one party was gifted or inherited after the marriage. Debt also belongs to both parties, regardless of who incurred it, unless that debt was incurred before the marriage.

Then, you must also be able to agree on child custody and child support, if there are children in the marriage. Your agreement here also needs to be able to pass muster with the Texas courts as in the best interests of your child. In all other aspects of a divorce, the court is usually happy to allow a couple to come to their own agreement, so long as it is not obviously unfair. But when it comes to children, the court’s standard is always the child’s best interests, not the parents’. If either party will be asking for spousal support, or alimony, you must also agree on this. Not only do you need to agree on how much support but also for, but also how long the support will continue and how it will be paid.

Contested Divorce

It probably comes as no surprise to understand that a contested divorce means that the couple cannot agree on one or more of the issues listed above. Contested divorces are much more adversarial as well as much more complex and expensive to deal with. A contested divorce starts when one of the spouses files for divorce and the other spouse files a response, in which they disagree with what the first spouse is asking for. The spouses must then go through the discovery phase. In discovery, both parties need to be completely transparent and exchange all information and evidence that may be relevant to the divorce. This is usually done through attorneys rather than directly. If one of the spouses attempts to hide assets, this stage can become very difficult.

Then follow negotiations and an attempt to reach an agreement. It’s usually best to do this through attorneys rather than directly to minimize the emotions involved, but even with attorneys functioning as go-betweens, it can be impossible to compromise for some couples. It’s likely that the court will order mediation, and if it’s possible to deal with the issues through mediation, this is always best. In mediation, you meet with a neutral third party who helps to facilitate discussion and suggest compromises that can work for you.

If mediation and negotiation fail, then you may have to hold a number of hearings to deal with various issues before even going to trial. For example, if you cannot agree on child custody or temporary support, the court may have to issue temporary orders on these issues until the divorce is finalized. Then things go to trial. At the trial, both sides present their evidence and arguments. A judge will then make the final decision.

Understanding the Choice

It is certainly the case that some divorces simply cannot be amicably resolved. The issues are just too deep for some couples, and even if one of the parties wishes to resolve things amicably, if the other party does not, there may be nothing that can be done but to go to court. 

But if there’s any possibility that you can file for an uncontested divorce, this will always be best for everyone involved.

Cheaper

Uncontested divorces are much more cost-effective. You don’t have to go to court nearly as many times, which means fewer court fees as well as less time stolen from you as you rearrange life to go to court. It also means fewer attorney fees and usually no need to pay for expert witnesses.

Shorter

An uncontested divorce is also cheaper just because it’s shorter: often much shorter. An uncontested divorce can often be resolved in just a couple of months, and several of those months are just the required waiting period. A contested divorce can easily take a year, and sometimes multiple years, to resolve. 

Empowering

Another great benefit to an uncontested divorce is that the two parties get to retain control over most aspects of their lives. While judges strive to make decisions that are equitable, a judge just does not know you and your family life. This means it may be inevitable that a judge will make a decision that’s difficult for you to live with and may not be what either of you would choose for yourselves or your children.

Protective

The most important benefit of an uncontested divorce is that it is so much less emotionally damaging than a contested one. The nature of the contested divorce process, where everything is devoted to reaching an agreement and cooperating, can go a very long way to preserving an excellent relationship between the spouses, even after their divorce. Not only does this minimize emotional strain for the spouses, but it also makes a huge difference to any children. 

It’s always worth considering whether it might be worth it to compromise on an issue you feel strongly about if it will protect your children from the emotional damage of a rancorous and drawn-out divorce process. Only you can answer this question, but it can help to speak with a lawyer who can lay out the options and also tell you what they’ve seen in the past with other families going through what you are now enduring.

Talk With an Experienced Attorney

An attorney can do a lot to help you in these situations, and it may even be possible to turn a divorce that’s initially contested into an agreement that preserves relationships and saves everyone money, time, and stress. Whatever your situation, contact us today at C.E. Schmidt & Associates, PLLC to talk to a team member. With over a century of combined experience in family and estate planning law, we’ve seen it all and know how to help.