Expert Contested Divorce Lawyer in The Woodlands – Bolton Law

What Is the Difference Between Contested and Uncontested Divorces?

As you probably know, there are two types of divorces in Texas. These are contested and uncontested divorces. A contested divorce means the two sides disagree on the terms, such as child custody, marital property and debts, spousal support, and child support.

The primary differences between the two types of divorce are the legal process, time, and cost. Although the cost of filing a divorce is the same, spouses going through a contested divorce will spend more money and time. Do not forget the fact that, based on your situation, you may need the services of expert witnesses like appraisers, financial consultants, and others (who will surely charge for their services).

As it is common in most states, a judge is required to wait a specified amount of time before finalizing a divorce. Unless there was family violence, the judge must wait at least 60 days after the divorce petition was filed. However, with a contested divorce, the wait time may be considerably longer due to case proceedings and other divorce-related issues.

What Does Contested Divorce Mean?

A contested divorce is a divorce where both parties disagree on issues. This can be anything from property to alimony, child support, child custody, and others. Remember, a divorce is often complicated because it involves disagreeing parties on one or more issues.

If one spouse wants a divorce and the other does not, the Texas family court will consider it as contested. Because the spouses do not agree on issues, contested divorces are usually time-consuming and expensive. That is because it involves a lot of time in court, comes with higher lawyer fees, and a prolonged trial.

Contested Divorce

The term “contested” refers to just that (a dispute), and just like any dispute, it can go on and on and on. Because of this, spouses will have to go through many steps before the divorce is finalized, which are:

• Divorce petition preparation, filing, and service. This is a legal document that requests a divorce, and it states the grounds or reason for the divorce.
• Make a response to the petition.
• Legal advice from a family lawyer
• Participating in the divorce investigation. This is an information-gathering process that comes with different legal processes.
• Pursuing pre-trial legal action and hearting. At this stage, both parties will try to negotiate or come up with a settlement proposal.
• Going to trial (in the event that negotiations fail)
• Filing an appeal (if you dispute the decision of the judge)

Remember, with a contested divorce, the judge will issue a final order showing all the judge’s decisions after the trial.

Uncontested Divorce

With an uncontested divorce, things are much easier compared to a contested divorce. With this type, it means that the spouses agree on all issues related to the divorce. Although, according to Texas law, some specific factors must be met. This is why it is wise to consult a lawyer. The best thing about an uncontested divorce is that it helps preserve the relationship between the spouses, which is best when it comes to other issues such as child custody and support.

The divorcing spouses must work towards a mutually agreeable resolution to resolve all divorce issues. If both parties have agreed to proceed with an uncontested divorce but have trouble communicating with each other, they can participate in mediation.

Mediation is a voluntary process where a neutral third party facilitates a conversation between the spouses. After the spouses agree, a draft agreement will be produced, which is later presented to the court. If the court is satisfied with everything, it will become a legally binding divorce order.

What Are the Reasons for Contesting a Divorce?

It is important to note that Texas is a no-fault divorce state. This means that a spouse does not have to prove the other spouse did anything wrong to get divorced. Uncontested divorces are generally no-fault divorces.

Texas has specific grounds for a fault-based divorce. These include:

An experienced contested divorce lawyer in The Woodlands will know the laws on these issues and be able to advocate for your interests.

Comprehensive Guide Through the Contested Divorce Process

At Bolton Law, we know that navigating a contested divorce can feel overwhelming and intimidating. The process involves numerous legal steps, each of which requires careful attention to detail and thorough preparation. Our goal is to demystify the process, ensuring you feel informed and empowered at every stage.

The journey begins with filing a divorce petition, the formal document that initiates your case. This step sets the stage for the legal proceedings to follow, and it’s crucial to ensure the paperwork is accurate and comprehensive. From there, responses are required from the other party, and our contested divorce attorneys handle all aspects of communication to protect your interests and maintain clarity.

Mediation is often the next step, offering a chance to resolve disputes in a less adversarial setting. Whether addressing issues of child custody, spousal support, or property division, our skilled legal team works diligently to advocate for your goals during mediation sessions. If a resolution cannot be reached, the case moves to trial, where our contested divorce lawyers will prepare a robust and well-organized argument to present to the court.

Throughout the process, our contested divorce attorneys keep you informed about timelines, legal expectations, and potential outcomes. Our contested divorce attorneys combine strategic planning with empathetic support to ensure you feel prepared to face every legal challenge. At Bolton Law, we prioritize your peace of mind while relentlessly pursuing a fair and favorable resolution for your contested divorce.

Resolving the Complexities of Common Divorce Disputes With Bolton Law

Contested divorces often involve deeply personal and emotionally charged disputes that can make an already challenging process even more difficult. At Bolton Law, we bring our extensive knowledge and experience to help resolve the issues most commonly contested in divorce cases, such as property division, child custody, and spousal support.

Property division in a contested divorce requires a meticulous review of marital assets and liabilities. From evaluating the division of real estate and investments to personal property and debts, our contested divorce lawyers work tirelessly to ensure that your financial future is protected. We understand the importance of fair distribution and fight for outcomes that reflect your contributions and needs.

Child custody disputes are among the most sensitive aspects of a divorce. Our contested divorce attorneys understand the complexities of custody arrangements, visitation schedules, and parental rights. We are committed to advocating for the best interests of your children while safeguarding your role as a parent. Whether it’s negotiating custody terms or presenting a compelling case in court, our contested divorce lawyers approach these matters with compassion and precision.

Spousal support, or alimony, is another common area of contention in contested divorces. Determining whether support is warranted, the amount to be paid, and the duration of payments requires careful legal analysis. Our team examines every detail, including income, earning potential, and lifestyle, to ensure equitable results.

At Bolton Law, our contested divorce lawyers tailor our approach to address the unique circumstances of your case. By combining legal expertise with personalized strategies, we help you navigate even the most contentious disputes with confidence and clarity. Trust us to provide the guidance and advocacy needed to resolve your contested divorce efficiently and effectively.