Divorce, often seen as a life-altering decision, can be approached in different ways. For couples in Texas, understanding the difference between contested and uncontested divorces can make all the difference in how smoothly the process unfolds. But what are these terms, and how do they relate to the Texas Family Code? Let’s dive in!
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Contested Divorce vs. Uncontested Divorce
Contested Divorce
When spouses cannot arrive at a consensus on pivotal issues such as child custody, property division, or alimony, they find themselves in the realm of contested divorce. These disagreements often lead to:
- Extended Court Proceedings: Prolonged legal battles can last months or even years.
- Higher Legal Fees: With more time spent in court, expenses accumulate.
- Emotional Toll: The continuous battles can be mentally and emotionally exhausting for both parties.
Uncontested Divorce
An uncontested divorce unfolds when both parties find common ground on all issues, from property and debt division to child custody and support. The benefits of this mutual agreement include:
- Quicker Resolution: Swift settlements ensure a faster return to normalcy.
- Economical: Fewer legal proceedings mean less money spent.
- Emotional Well-being: A smooth process ensures minimal emotional distress, benefiting everyone involved, especially children.
A Peek Through the Texas Family Code
The Texas Family Code serves as a guiding beacon for divorce proceedings in the state. Here’s how it views the two types of divorce:
Grounds for Divorce – Section 6.001 – 6.007
While Texas predominantly operates as a “no-fault” divorce state, in a contested divorce, specific grounds might be asserted by one party against the other. Such grounds include cruelty (Section 6.002), adultery (Section 6.003), abandonment (Section 6.004), living apart (Section 6.006), or confinement in a mental hospital (Section 6.005). Establishing these grounds can sometimes influence court decisions on other matters, such as property division or custody.
Mandatory Waiting Period – Section 6.702
After filing, a 60-day waiting period is mandated by the Texas Family Code. However, contested divorces might extend this due to unresolved disputes.
Property Division – Section 7.001
Texas adopts the community property approach, implying assets and debts acquired during matrimony are equitably shared. While uncontested divorces might see amicable property divisions, contested ones can lead to intense debates on asset characterization and valuation.
Child Custody and Support – Sections 153 & 154
One of the most challenging areas of a contested divorce revolves around the welfare of children. Decisions on conservatorship, visitation rights, and child support can be contentious.
If parents cannot agree on conservatorship, the court steps in, often using Section 153.002’s directive to ensure the best interest of the child. Similarly, under Section 154, the court will determine child support based on the obligor’s net resources and the needs of the child.
Understanding the intricacies of the Texas Family Code is vital. To navigate its statutes and ensure your rights are upheld, seeking an experienced attorney is essential.
Turner-Monahan, PLLC: Get Legal Guidance Today!
Every couple’s situation is unique, and divorce is never an easy path. Whether you’re leaning towards a contested or uncontested divorce, it’s crucial to understand the implications, legally and emotionally. It’s also paramount to have an experienced attorney, like Tyler Monahan at Turner-Monahan, PLLC, to guide you through this process.
With the right advice and support, you can make informed decisions that are best for your future. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
