Divorce is not the same for every family. Some spouses start the process with agreements already in place, while others face strong disagreements right from the beginning. Even when things seem clear at first, situations can change along the way as new concerns or emotions come up between the parties.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC explains the difference between contested and uncontested divorce and how cases can shift as agreements change. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
What Do Uncontested and Contested Divorce Mean
We are talking about uncontested versus contested divorces. Some people are not familiar with the terms “uncontested” and “contested” and may need a little bit of an explanation. There can also be situations where an uncontested divorce turns into a contested divorce and then possibly goes back to uncontested again.
There are differences that we define between contested and uncontested divorces. When we, attorneys at Turner-Monahan, look at an uncontested divorce, we think of someone coming in and saying they are planning on getting a divorce. They have talked about this for a while and believe that they have an agreement for most everything. They feel they just need an attorney to help them out with the legal process.
A lot of times, we hear that, and we unfortunately have to explain that we can only represent one spouse. An attorney cannot represent both sides and is not able to give both parties advice. What we can do is provide advice to one of the parties, file for divorce, and get waivers drafted.
Then the parties, through our client, provide us with their agreement. We take a look at the agreement and give some feedback on it based on what we have seen in the past and what we have done in the past. We may say we think certain changes should be made and ask what they think.
The Legal Process Is Still the Same for Both
Clients sometimes think that an uncontested divorce is completely different from a contested divorce and that the steps are different. There may be differences in how the issues are handled, but the overall process is completely the same. Divorce still has to be filed with the same courts. The other person must be served or sign a waiver of service. A final decree of divorce still has to be completed and signed.
The difference is how we get to the final decree. If both spouses agree and all that is needed is drafting the decree and getting everyone to sign it, the process is usually faster and a lot cheaper for clients.
A divorce becomes contested when we start talking about disagreements on certain issues, such as the children or property division. There may need to be hearings in court or mediation. This makes the process longer, but the final steps stay the same. You file for divorce, you serve them, and then you complete the final decree. Even if it is uncontested, it still has to be a lawsuit.
Cost, Amicability, and Why Some Cases Change
It is more cost-effective for the client to get things done amicably. The more time we have to spend going down to court, putting documents together, filing things, preparing for hearings, attending hearings, talking to third parties, and gathering evidence, the more the costs increase. These efforts may lead to the outcome the parties hope for, but they may not. You just do not know.
Uncontested divorces are not always the right choice in every situation. An uncontested divorce can start smoothly, but later turn contested. It can also later become amicable again by going to mediation. Uncontested does not mean all agreements are perfectly decided from day one. Mediation may be needed, and that can add additional fees.
It all depends on how both parties are able to remain amicable. If not, the divorce becomes contested.
What Happens in a Contested Divorce
A contested divorce is when disagreements already exist from the beginning. The client may want to be the primary parent or knows there will be issues regarding the children. There may be immediate issues involving infidelity or someone wasting assets or spending money that they should not be spending. In that situation, the process begins by filing suit, asking for a temporary restraining order, and going to court within 14 days.
Many divorces start out contested. The majority of people who seek a divorce are unable to agree and unable to communicate well with each other at that point. But that does not mean the divorce has to stay contested the entire time.
Divorces Can Go Back and Forth
A lot of cases go back and forth between contested and uncontested stages. It is rare for a case to start out one way and stay the same through the entire process. Communication can change. Agreements can change. New issues can appear, and solutions can be found later. Divorces go back and forth quite a bit until everything is finally settled.
Communication Breakdown and How It Impacts the Case
One important factor in whether a divorce stays uncontested is how well the spouses communicate during the process. Sometimes everything seems agreed upon at first, but once paperwork starts or new information comes up, one person may no longer feel comfortable with the original plan. When communication becomes tense or stops, the divorce can quickly move into a contested stage.
When Children Make the Situation More Complicated
Cases involving children often bring more disagreements because parents have to figure out a plan for daily care, medical decisions, and where the children will live. When the parents feel strongly about these issues, it can be difficult to agree.
Even if the divorce starts uncontested, the moment there is a concern about the children and their future, the case may require court involvement or mediation to find a solution that protects the children’s best interests.
Why Legal Advice Matters Early
Some people believe they should wait to hire an attorney until problems come up. However, getting legal advice early can help prevent misunderstandings and unexpected conflicts. When one spouse does not fully understand their rights, they may later challenge agreements they originally accepted. Early legal guidance can keep the divorce on track and help avoid costly delays and emotional stress later.
What Does the Texas Family Code Say
The Texas Family Code sets out rules that apply to both contested and uncontested divorces. A few important sections include:
Texas Family Code Section 6.001
This section explains that a divorce can begin even if only one spouse feels the marriage has become insupportable due to conflict. This means agreements are not required to file for divorce.
Texas Family Code Section 6.502
This allows the court to put temporary orders in place during a contested divorce. These orders can protect the children, prevent the hiding or wasting of assets, and keep daily life stable while the case continues.
Texas Family Code Sections 153.002 and 153.134
These sections explain that decisions involving children must support their best interests. The court looks at what keeps the children safe, stable, and connected to both parents. When parents disagree, the court may decide who will be the primary parent and what visitation will look like.
These statutes show why disagreements over money or parenting often lead to contested divorce hearings. Texas law is designed to keep children protected and property fairly handled, especially when both sides cannot agree.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Whether a divorce begins with full agreement or strong disagreements, situations can change fast. Knowing the steps and possible challenges can help reduce stress and confusion along the way.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “What Happens If My Ex Moves Without Telling Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
