When a marriage is at its breaking point, it’s natural to be confused as to what to do next. What are your options for ending the union, especially when you and your spouse can’t agree on anything?
Unfortunately, a contested divorce is more time-consuming and costly than an uncontested divorce. While it may be considered unfavorable for these reasons, it’s still a reality for many couples.
How do I know if mine is a contested divorce?
The term ‘contested divorce’ is misleading because it doesn’t necessarily mean that one of the parties doesn’t want to end the marriage. In most cases, it refers to a disagreement on the terms of the divorce.
A divorce lawyer can speak to the specifics of the designations, but, generally speaking, in order to qualify for an uncontested divorce, you and your spouse must agree upon every term of the decree including:
the division of property;
spousal support (otherwise known as spousal maintenance or alimony);
child custody (otherwise known as conservatorship);
child visitation; and
When one or both parties can’t agree on the above mentioned factors, the divorce is contested. Merely agreeing to get divorced does not make it uncontested. The parties must agree on all of the terms as well. There are still many options for settlement negotiation, including mediation. Although most cases settle, when they settle varies widely depending on the issues involved.
There are times, however, when compromise and amicable negotiation are unrealistic expectations. In these situations it may be necessary to take the conflict to court. If it becomes necessary to go to court our legal team will guide you through the process, from start to finish. This way, you avoid some of the common missteps associated with a contested divorce.
Having the Law Office of Jerri Hardwaway an experienced divorce and family law attorney on your side provides some relief as you navigate a contested divorce. Call the Law Office of Jerri Hardaway 713-955-2248 to schedule an initial consultation.