Contested Divorce
A contested divorce occurs when the spouses cannot agree on one or more key issues. This may include disagreements on custody, property division, or support, among other matters.
Key Features:
- Longer Process: Contested divorces can take significantly longer due to the need for negotiations, hearings, and possibly a trial.
- Higher Costs: Because of the complexity and the likelihood of extensive legal proceedings, contested divorces can be much more expensive.
- Emotional Stress: The adversarial nature of contested divorces can lead to heightened emotional stress for both parties.
- Trial: If the parties cannot reach an agreement, the case may go to trial, where a judge will make the final decisions on contested issues.
Legal Process for Both
- Filing for Divorce: The process begins with one spouse filing a divorce petition.
- Service: The process in which a neutral third party serves the receiving spouse on the divorce petition.
- Response: The other spouse must respond within a specified timeframe. In uncontested divorces, this is often a simple acknowledgment, while in contested divorces, it could lead to further legal actions.
- Discovery: In contested cases, there may be a phase known as discovery, during which both parties gather information and documentation about finances, property, and other relevant matters.
- Negotiation: In both cases, parties may attempt to negotiate terms before reaching court.
- Judgment: For uncontested cases, once both parties agree, the court will typically approve the agreement and issue a final decree. In contested cases, the judge will issue a ruling after hearing evidence and arguments from both sides.
Contested divorces may be necessary when significant disagreements exist. It's advisable to
consult with a legal professional to navigate the complexities of divorce law in Texas. Book your
appointment today with the Denis Law Group.