Which Between the Uncontested and Contested Divorce Legal Paths is Right for You?

Distinguishing between an uncontested divorce and a contested divorce in Texas is a headache. Both have their own complex set of procedures, expenses, and grandstanding.

“If you and your ex can both sit in the same room and be amicable about matters, then this uncontested path is pretty much like the express lane. If you are always fighting and disputing about everything, well, hello contested divorce,” says Texas family lawyer Matt Towson of Towson Law Firm, PLLC.

So, the direction you go in is based on how much you want to battle it out (or not). Either way, this guide is designed to help you determine which direction will be most effective for your circumstances.

Learning Uncontested Divorce

An uncontested divorce works well when the two parties simply get along and do not make this entire process a big, huge fuss. They decide who gets what, who gets Tuesdays with kids, and who is sending out child support. A whole lot neater than fighting it out in court, let alone saving a world of money and sanity.

Do not confuse this with a “no-fault” divorce. They are similarly titled,  but are not twins. No-fault simply means no one stands up and screams, “It is all your fault!” Uncontested divorce, however, is about compromising on everything so you do not have to put everything through the legal grind. You can have a no-fault divorce that is contested, and vice versa.

Bottom line: No endless visits to court, no need for all those dramatics. Simply sign on the dotted line and move forward with your life.

Understanding Contested Divorce 

A contested divorce is a large circus that no one ever wishes to be a spectator of. You and your former are head-butting each other over everything: your dog, your sofa, even your toaster. The court must intervene and start issuing rulings.

Lawyers are called in, everyone brings receipts and messages, and you even trudge through an endless trial. It is not cheap and certainly not fun. Even emotions are high here; reality TV is an analogy, only this has more variety.

To those who find themselves in a standoff, at times this hard-and-fast course is all that remains. And while it may bring closure, it often leaves behind more scars than solutions.

Navigating A Bitter Divorce via Mediation

Contested divorce is like being pulled through a briar patch, but the mediation process makes it relatively navigable. It is akin to calling in a referee before you ever throw a punch. A mediator is an impartial entity that facilitates communication and helps you both communicate with one another.

A divorce is not like a gladiator battle, where one of you emerges victorious. Real victory is coming up with something that both of you can live with, without costing you a year brawling it out in courthouses. Instead of this epic battle over who wins the dented minivan, the mediator could intervene and propose that you sell it and divide the money.

Remember, lawsuits can be extremely costly and take a significant toll on your mental well-being. Mediation usually concludes quickly and does not exactly strip your wallet bare. It is not magic, but it can make an unpleasant process less unpleasant.

Why We Suggest Hiring an Attorney for Either Option

No matter how easy or troubled your divorce is, you should always have a family lawyer. Even if you and your soon-to-be-ex are being polite (so far), you cannot afford to skim on lawyer assistance. A misstep is a headache in paperwork.

If you are dealing with a disputed divorce, you are going to have to get yourself an attorney; no way around that. Without a doubt, you need a professional to sort through forms, understand lawyer-speak, and handle an entire courtroom’s worth of evidence. Family lawyers do this every day and know how to keep you from blowing your own case.