What Does Contested Divorce Mean?

Divorce in itself is complicated; not only are there high emotions, but you have to think about the kids, the long process that it involves, and the complete lifestyle change.  On top of that, there are actually different types of divorces that can occur, such as contested and uncontested divorces.  If you’re currently going through a divorce or are going to start the process soon, you should know what category your divorce falls under.

What Is An Uncontested Divorce?

An uncontested divorce is when neither parties of the divorce are disputing any of the conditions of the divorce.  Although it’s rare, it has its benefits, such as less court time; this means less time and money spent on resources.  Oftentimes, although not always, people who successfully go through with an uncontested divorce are the couples that don’t have children, money, or alimony issues.

What Does Contested Divorce Mean?

In an ideal world, both parties in a divorce would agree to all the terms and conditions.  Unfortunately, that rarely ever happens, which is why there are so many contested divorces.  A contested divorce is when one or both spouses dispute some aspect of the divorce.  When this happens, it usually means that the divorce is longer and more complicated than an uncontested divorce.

Some of the common reasons for a contested divorce include:

• Custody of children
• Child support
• Division of property
• Alimony
• Retirement accounts

How to Get a Contested Divorce

Contested divorces follow similar steps to other court cases.  The process starts by one spouse filing a petition of divorce with the court, which then requires the other spouse to file a response.  In some cases, after the petition is filed, spouses will find a solution that works for both parties.  However, this doesn’t always happen, which is why the case will then need to go to trial.

At trial, both parties are expected to present their side and demonstrate any evidence that they have to support their claim.  In some cases, the judge will ask the children or financial experts to testify.  Afterwards, the judge will present the final judgment, which formalizes the end of the marriage.

Hiring a Lawyer

Every divorce is different and, although we all want it to be a straightforward process, there are many obstacles that can occur.  The right lawyer will help you through every step of the process, from gathering all of the evidence to filing the correct Texas contested divorce forms. 

At AMS Law Group, we have years of experience in Family Law.  This means we’ve handled many different contested divorce cases in the past in order to help our clients get the best outcome from their divorce.  Whether you are the one disputing the divorce or you’re receiving the allegations, please give us a call.