When many people begin divorce proceedings, one of the more common anxieties is that the process will be combative and you will have a long drawn-out court battle, in which a judge will have to decide how to resolve the conflicting interests.
The bad news is that this scenario is overwhelmingly likely to be the case. The good news is that it doesn’t have to be a bad thing!
The divorce lawyers of Youngblood Law, PLLC, understand the current landscape of divorces and how they are resolved. The purpose of our latest blog is to inform you of the advantages and disadvantages that come with going with certain routes of divorce over others. We also want to let you know that settling your divorce in court does not necessarily have to be the nightmare that you imagine!
Read on to discover the approaches to divorce that are available to you and the moves you can make to support your own best interest throughout the process.
Contested Divorce Vs. Uncontested Divorce
In Texas, as in most states, there are two main approaches to divorce, and which one is relevant to you will entirely depend on whether you and your ex are seeing eye-to-eye on the proceedings.
Uncontested divorce occurs when a divorcing couple agrees on the factors of divorce, including child custody, child support, alimony, and asset and debt division. In this scenario, couples who undergo an uncontested divorce do not need to go to court in order to be granted their divorce.
On the other hand, contested divorce is when a couple does not agree on the essential factors of divorce and cannot resolve them through steps such as mediation and negotiation. In this case, a divorce will have to go to court to be argued in front of a judge.
Many people are in tune with the drawbacks of contested divorce. It can be more expensive than uncontested divorce, it generally takes more time, and the involvement of a judge can strike many as unpalatable, particularly with the fear that they might not be awarded the settlement they want.
However, depending on the particulars of your circumstances, a contested divorce can be the right move for you and potentially serve you better than an uncontested divorce. Below, the lawyers of Youngblood Law, PLLC, have devised a few benefits in favor of contested divorce.
Your Spouse Is At Fault In Your Divorce
Texas is a no-fault divorce state, meaning that you do not have to prove wrongdoing within your marriage in order to get a divorce. However, if there was some fault that led to your divorce, such as your spouse cheating on you or abusing you, you might be entitled to a more beneficial divorce settlement.
For example, if you are divorcing because your spouse is financially abusive and you can prove this fact in court, you are likely to be awarded alimony and/or a greater portion of the marital assets so that you have the resources you need to rebuild your life. In another case, you might be divorcing your spouse due to a substance abuse issue. By bringing this issue up in court, you are likely to earn a larger amount of custody because a substance abuse issue can mean that there is a potential safety problem for your children.
Fight For The Assets And Time You Deserve
In the same vein, contested divorce can give you the opportunity to fight for the assets that you feel you deserve. If you and your spouse cannot come to an agreement on issues such as who, if either of you, will keep the house or who will keep the pets or how to divide debt, then it is likely that you feel strongly about what you are owed. If this is the case, the settlement that you feel is most in your favor is worth fighting for!
Further, if you feel that certain assets belong with you, contested divorce gives you the opportunity to mount your argument and present your case. One of the cons of uncontested divorce is that, often, you give up things to which you feel entitled in the interest of compromise and making life easier in the short term.
An Accurate Portrayal Of The Assets
In some cases, contested divorce has the potential to enable a more accurate portrayal of the assets within a marriage. You and your spouse may be in disagreement over which assets are the marital assets–meaning that they need to be split evenly–or you might not agree on the respective values of them.
When you take a divorce case to court, the court will investigate the marital assets, determining which are and are not community property, and the values of them in order to determine a fair settlement. There are also cases in which a spouse will try to hide assets that are community property! Litigation can help uncover hidden assets as well as determine the appropriate valuations of your property.
Looking Out For Your Own Safety
Finally, contested divorce can be the best choice for your safety if you are divorcing due to abuse or you fear that there will be retaliation following the divorce. Contested divorce can give you the option for protective options such as emergency restraining orders. In cases where this is necessary, it can be unsafe for people to attempt negotiation and meditation with an abusive spouse–not to mention you are unlikely to come to an agreement that gives you the things you need in order to begin your new post-divorce life.
Youngblood Law, PLLC, Can Help You Fight For The Right Divorce Settlement
Despite its reputation, contested divorce is the right move for many divorcing couples, and the lawyers of Youngblood Law, PLLC, have the experience and qualifications to advocate for you throughout the process. Whatever your reasons for divorcing, we will work with you closely to get to know your goals so that you can make the moves that are in your best interest.
If your divorce is a contested one, we will deploy our strategies for non-toxic divorce in order to take some of the stress off your shoulders while still pursuing the things that you need. Reach out to us to schedule a free initial consultation and learn how we can help you work through your options.