Even with the best family divorce attorney in San Antonio, Texas, divorce is messy. It leaves both parties feeling drained emotionally, socially, and financially. Once you’ve decided that divorce is the right option for your relationship, your divorce will fall into one of two categories: contested or uncontested. Uncontested divorce indicates that your partner isn’t disputing any of the terms you set. A contested divorce means that the terms and conditions originally stated in the petition aren’t agreed upon by both parties. Contested divorces are far more common that uncontested divorces.
Qualifications of a Contested Divorce
While a contested divorce may sound like things are less than amicable between you and your spouse, that’s not always the case. A contested divorce simply means that no type of agreement has been arranged yet. You may be in the process of establishing a custody agreement or dividing the property. Even if you and your spouse are parting on relatively good terms, a contested divorce may be filed as your attorneys negotiate further.
Not All Contested Divorces Are Settled in Court
Many people believe that contested divorces often end up in front of judges. While this may be true in some cases, more than 95 percent of divorces are settled outside of court, including contested divorces. Even though you and your spouse may not agree on the entirety of the petition, through mediation and with the help of your attorneys, you may be able to reach a solution without having your case heard before a judge.
Contested Divorce Is More Expensive
A truly uncontested divorce means that you and your spouse could sit down tomorrow and sign the divorce forms as they are right now. This would obviously save on attorney fees. For that reason, contested divorces are much more expensive. There’s extra paperwork that must be filed and, depending on how messy things get, your attorney may spend much more time negotiating on your behalf. If you’re filing for a contested divorce, discuss your attorney fees with your chosen lawyer ahead of time. This is the best way to anticipate and plan for the cost of your divorce.
Contested Divorces Take Time
Because a contested divorce indicates that there are still arrangements that need to be made and portions of the divorce petition that must be agreed upon, it makes sense that contested divorces take more time than uncontested divorces. This is especially true if you’re dealing with custodial issues. The amount of time it takes to finalize a divorce varies on a case-by-case basis. On top of the negotiations, there’s additional paperwork that must be filed and processed in order for the dissolution of marriage to be complete. If you and your spouse are unable to reach an agreement, even after negotiations and mediations, your case may need to be heard in front of a judge. Waiting for a court date could take even more time. Be patient with your attorney as they do their best to hurry the process along.
Hiring a contested or uncontested divorce attorney in San Antonio, Texas, is the best way to take on your impending divorce. No matter the type of divorce, you’re sure to have the representation you need with a professional on your side.