Table of contents:
- The difference between contested and uncontested divorce: Understanding the meaning of each
- Contested divorce vs. uncontested divorce defined
- Uncontested divorce vs. contested divorce scenarios
- What are reasons to contest a divorce?
- Uncontested vs. contested divorce FAQs
Wondering what your options are when it comes to contested vs uncontested divorce? While most people would prefer to have an uncontested divorce, where the two parties agree about all terms pertaining to the divorce, even the most amicable of divorces can end up contested. We explain the difference between uncontested and contested divorce and share reasons to contest a divorce below.
The difference between contested and uncontested divorce: Understanding the meaning of each
One of the biggest misconceptions about contested vs uncontested divorce, is that when a divorce is contested the divorce must also be contentious. That’s not necessarily the case. When something is contested in court, it simply means that the parties to a lawsuit disagree about an issue or issues pertaining to that lawsuit.
For example, in a contested divorce, the parties may disagree about issues pertaining to property division or how child custody and visitation should be handled but have amicably sorted out other issues. So, while a divorce may be contested, that doesn’t mean it always has to be a contentious divorce.
Contested divorce vs. uncontested divorce defined
The difference between contested and uncontested divorce is pretty straightforward. In general, contested and uncontested divorces may be defined as follows:
Uncontested divorce
In order to get an uncontested divorce in Texas, the two parties basically agree about everything pertaining to their divorce, including exactly how the marital estate will be divided, how retirement accounts will be divided, who keeps any assets or property in the marital estate and how child custody, child support, alimony and spousal support and other issues will be handled.
Even though Texas is a no-fault divorce state, fault grounds can have a bearing on how a marital estate is divided. With an uncontested divorce, fault grounds generally don’t play a role. Instead, no-fault grounds like irreconcilable differences (referred to as “insupportabiity” in Texas), is commonly used as the basis for the divorce.
Contested divorce
What makes a divorce contested vs. uncontested comes down to whether or not the spouses agree to the terms of the divorce. If a couple can’t come to an agreement about any aspect of their divorce, even if there is just one issue in question, the divorce would be considered contested.
Uncontested divorce vs. contested divorce scenarios
Uncontested divorces in Texas are pretty rare and usually make the most sense for couples who own few if any assets or property and don’t have children. Consider the following scenarios if you’re trying to determine whether your divorce could qualify as uncontested or not.
Both parties tend to have a solid grasp on family finances and parental rights in an uncontested divorce.
At the Sisemore Law Firm, most of the truly uncontested divorce cases we see are those where both parties are apprised of all of the marital assets, and both are involved with and understand the family finances. They also get along really well with respect to kids and matters pertaining to child custody, and they clearly understand all of the parental rights they will either gain or give up in regard to the kids.
If blatant violations of trust occur, a divorce can switch to a contested vs. uncontested divorce Texas.
All it takes for a perceived uncontested divorce to turn into a contested divorce is a violation of trust. Trust is frequently breached in divorce cases, with issues involving adultery, spousal abuse, domestic violence, substance abuse and lack of transparency being among the primary causes. Not only may fault grounds become involved when trust is breached—which can affect the divorce settlement—victims of a trust breach may be compelled to put up a fight.
Parties may mistakenly assume a divorce is uncontested, because they don’t understand the intricacies of divorce.
The reason that uncontested cases are rarer than contested divorces is that there are fundamental issues involved in ending a marriage that create scenarios that are a bit more complicated than one party might think at first glance.
What frequently happens is parties don’t understand what the effects of the divorce orders will be or what the division of property is going to look like because they don’t have access to the business or financial accounts. It’s critical to get clarity on all legal procedures and financial details before agreeing to an uncontested divorce.
For example, dividing up equity in a house and assets in a retirement account, may not be that complicated for most folks. However, figuring out the tax consequences of selling a house versus the long-term value of retirement accounts, deciding what to do with a business and each party’s interest in that business and agreeing on all of the details regarding child custody can be challenging.
What are reasons to contest a divorce?
If your spouse has served you with divorce papers and you disagree with him or her regarding how matters related to the divorce should be handled, you will likely want to contest the divorce. Some common reasons to contest a divorce include:
You can’t agree on how to divide the marital estate
Couples often disagree about the value of certain pieces of property or how property will be divided between the two. These disagreements are common and even happen with couples who get along well. People also disagree on what assets and property qualify as community property versus separate property belonging to one person solely. Again, these disputes might be minor but are still enough to take an uncontested divorce into contested divorce territory.
You believe your spouse is diverting or concealing assets
Many divorces end up contested when one of the parties won’t be transparent about financial accounts and transactions. If divorce is looming or separation has already occurred, spouses should keep tabs on money moving out of shared accounts into accounts they aren’t familiar with or credit card statements arriving in the mail for cards they didn’t know existed.
Some parties will even use community funds to purchase assets (vehicles, real estate, etc.) and put those assets in a friend or family member’s name, only to reclaim them after divorce. If you suspect community assets are being diverted or concealed, contact your divorce lawyer right away.
You’ve been subjected to cruelty, adultery or other abusive behavior
While Texas is a no-fault divorce state (meaning you don’t need to prove fault grounds in order to get a divorce), the courts will consider fault grounds in Texas (cruelty, adultery, felony conviction, abandonment) when determining the just and right division of the marital estate.
For example, if you can prove your spouse routinely assaulted you, a judge may award you a larger portion of the marital estate and/or spousal support, depending on your circumstances. Consequently, if your divorce involves fault grounds, you should speak with an attorney about options for contesting your divorce.
You can’t agree about child custody and visitation issues
There is more involved with child custody and visitation rights than most parents realize. Disagreements about child custody provisions may include, who gets primary custody, whether possession and access should be supervised, whether one parent should have the right to designate the residence, whether there will be geographic restrictions, whether there is a parent with the exclusive right to make educational and medical decisions—and that’s just the beginning.
While the needs of children and ability of parents to provide and care for children usually evolve over time, you don’t want to end up back in court arguing over custody orders sooner than you need to. Modifying custody orders after the fact isn’t easy and the burden of proof is usually much higher than for the original orders. When there are children involved, getting the arrangements as close to right as possible initially, will save you a lot of stress, money and headaches later.
You and your spouse own a business (or businesses)
Coming up with a valuation for a business can be difficult, especially if you haven’t been involved in the day-to-day operations of that business. Couples often disagree about business valuations during divorce, as well as what roles the spouses will play in the business (if any) following divorce. If you disagree with what your spouse proposes regarding your business, you can contest the divorce.
In complex cases involving business interests, you typically want to get a business valuation expert, and possibly an asset tracing expert, involved. You may also need to decide whether you want to be a stockholder in the business or prefer a cash payout, and whether that cash payout is secured by assets or involves a longer-term payout. With so many options to consider, it’s critical to turn to a divorce attorney with experience in family business matters.
NOTE: These are all topics our divorce lawyers discuss during initial consultations with prospective clients at the Sisemore Law Firm. If you leave a consultation with a contested divorce lawyer and don’t understand these issues or how the lawyer will strategically approach your case, find a different lawyer.
Weigh your contested vs. uncontested divorce options with the Sisemore Law Firm
There are many reasons to contest a divorce—big reasons and little reasons—and the emotional and financial impacts can be significant. That’s why it’s critical to speak with an attorney to educate yourself about your options and learn how Texas divorce laws work regarding community property (Texas is a community property state) and what your rights and duties are as a parent.
The uncontested and contested divorce attorneys at the Sisemore Law Firm are here to help. If you live in Dallas / Fort Worth and the surrounding counties and have questions about divorce, child custody or child support in Texas, you can reach our office at (817) 336-4444 or by connect with us online.
Uncontested vs. contested divorce FAQs
Can I get a contested divorce without attorney representation?
People don’t need to hire contested divorce attorneys in order to get a contested divorce in Texas. However, we highly discourage anyone from trying to handle their own divorce without having legal representation. While it may seem like a logical way to lower costs, once your divorce is final, it’s final.
Consequently, if you find you’ve overlooked or undervalued an asset in your original divorce settlement, you can’t go back and regain those assets later. While legal fees can be costly, what you could lose by not handling your divorce properly could cost you a whole lot more.
Can an uncontested divorce turn into a contested divorce?
Yes. Spouses may end up with a contested versus uncontested divorce for many reasons. If one spouse decides to dispute any of the divorce terms they previously agreed to—say a spouse claims trust has been breached or new financial details have come to light—the divorce would become contested.
Can a contested divorce become uncontested?
Being served with a divorce petition can elicit a variety of emotions, especially in those who want to remain married. Some spouses will even feel compelled to stand up and fight back against the spouse who initiated divorce proceedings. In time however, they may come to accept the fact that divorce is imminent and realize—either on their own or during mediation—that they agree with what the other spouse has proposed.
Should the spouse agree to accept the terms of the divorce, the contested divorce could then become uncontested. Once the judge signs the final decree of divorce, the divorced parties can go their separate ways.
Uncontested vs. contested divorce: How long does each take?
The minimum amount of time it takes to get an uncontested divorce in Texas is 60 days. If you take into account the fact that you must be a resident of Texas for at least 6 months before filing for divorce and the fact that Texas has a 60-day waiting period, the fastest you can get a divorce in Texas would be a minimum of 60 days, and that’s more realistic for an uncontested divorce than a contested divorce.
Contested divorces generally take at least six months or more to resolve. How long it will take to resolve your contested divorce all depends on you, your spouse and what issues you are trying to resolve. If you only have a few issues to resolve, and you and your spouse get along well, you may be able to resolve your divorce in six to 12 months.
If you have major issues, can’t resolve them through mediation and need to go to court, the divorce process will take even more time. Couples with complex property disputes, heated custody disagreements and highly contentious relationships could spend years trying to finalize a contested divorce.
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