While many marriages end in divorce, the process will differ for couples. For couples who undergo an amicable divorce, follow a prenup, or can agree on divorce terms, the process can be relatively quick as they don’t need to go to court for resolution.
However, when couples can’t agree to terms such as assets, debt, and child custody, it can prolong the proceedings as both spouses find themselves at an impasse. If you find yourself in this position, you may have to undergo a contested divorce.
Understanding what a contested divorce means is important when separating from a spouse and ending a marriage. However, it can result in a longer and emotionally exhausting process.
So, is it worth contesting a divorce?
Uncontested vs. Contested Divorce
If a couple can agree on divorce terms, this becomes an uncontested divorce. This can result in a quick divorce, though the term “quick” is relative in family law and depends on your local courthouse. While having a divorce attorney is still recommended so both spouses know their legal rights, couples don’t have to go to trial and have a judge decide on terms. However, because both parties agree to the terms, the terms are not appealable unless circumstances change within a specific period.
A contested divorce occurs when spouses cannot agree on important divorce terms such as marital property division, debt, child support, child custody, and spousal support. As a result, they will require court intervention and have a judge decide based on the facts provided by both parties. This is usually a longer process and an experienced divorce attorney provides sufficient legal representation.
A divorce can also be considered contested if one spouse refuses to divorce. Since Texas is a no-fault state, a judge cannot force a couple to stay married if one person wants a divorce. However, proceedings can be more difficult if one spouse causes a point of contention and doesn’t cooperate during divorce proceedings.
Is It Worth Contesting a Divorce?
Contested divorces can be quite stressful and leave you wondering if it would be better not to challenge your spouse’s terms and have an uncontested divorce. This is why having an exrienced divorce attorney who knows how to handle delicate contested cases is necessary. An experienced lawyer can advise you on your rights and represent you fairly in court, which can prevent unfair divorce settlements. They can also advise you whether it’s worth fighting for certain matters in court or trying to compromise with your spouse.
Some benefits of contesting include:
- Push for Fair Terms: If your spouse is uncompromising or has unreasonable demands, you can take your divorce to trial. An objective judge can ensure your divorce terms are fair, especially if you have evidence and the right legal advocacy.
- Prevent Financial Loss: Assets like your retirement fund or your home could be a point of contention. Seeking court intervention could help you establish your legal rights to these assets.
- Hidden Assets: When a spouse conceals assets that could be considered marital assets, these items may not be taken into account when it comes to deciding property division, spousal support, and child support. Because a contested divorce is held in court, spouses can access discovery tools to help identify all assets in question.
Contesting a divorce may be necessary. However, it’s important to know beforehand that it can be an emotionally and financially taxing process. Additionally, the proceedings could affect your children’s mental and emotional well-being, as well as your relationship with your children.
In some cases, contested divorces become uncontested or are ultimately avoided if spouses can compromise. Before contesting a divorce, it’s advisable to consider alternative dispute resolution methods like mediation to resolve your disagreements. In these processes, couples, their lawyers, and an objective mediator resolve the points of contention without going to court. This can save you, your spouse, and your children the time, money, and emotional stress of going to court.
Reasons To Contest a Divorce
Since Texas is a no-fault state, anyone can get a divorce for any reason. However, a divorce can become contested due to major issues. You and your spouse might have reached an impasse, or one of you may refuse to end the marriage.
There may also be other reasons to undergo a contested divorce, but here are some of the most common reasons for contested divorces:
- Property Division
- Child Custody
- Spousal Maintenance
- Abuse in the Marriage
- Spouse Is Uncompromising or Has Unrealistic Expectations
Property Division
Texas is one of nine community property states. If a couple doesn’t have a prenup or can’t agree on how marital property should be divided, a judge will split marital assets and debt equally.
This can result in different outcomes, though some of the most common are:
- Liquidating assets to split the proceeds equally
- One spouse buys out their spouse’s share of the property for full ownership
- If multiple assets are involved, the assets are kept whole or liquidated and then divided so that spouses get equal value.
Part of the proceedings involves determining which assets and debt are considered marital. Separate nonmarital assets (such as inheritances, gifts, and properties one owned before marriage) are returned to the owner. In contrast, everything classified as community property (most earned assets during the marriage) is divided equally.
However, classifying property as marital or nonmarital may be more complex than this. For example, if one spouse owned a house before marriage and used funds from their joint account to renovate the property, the house may be considered community property.
Child Custody
Divorce involving children can become a complex process. When a couple with children divorces, there could be some conflict regarding joint or sole managing conservators, visitation, co-parenting arrangements, and who makes the big decisions for children. Contesting divorce agreements over child custody can protect your rights as a parent and your child’s welfare.
During a contested divorce, the judge makes decisions depending on the best interests of a child. Factors like a child’s physical and emotional needs, each parent’s ability to provide a stable home, and the past acts of a parent that indicate a troubled parent-child relationship could affect the decision. Additionally, the Texas Family Code provisions allow judges to consider the child’s preference, though this doesn’t outweigh all other considerations.
Spousal Maintenance
Spouses may have conflicting terms regarding alimony and contest terms for spousal support. You could contest terms if you believe you deserve spousal support or if your spouse wants alimony and you want to modify the amount or reject it outright.
In a contested divorce, it must be proved to the court that the party seeking financial support gave up significant opportunities during the marriage. Some common examples include:
- If one spouse gave up their career to be a stay-at-home parent to raise their children, especially children with special needs who require around-the-clock care
- If one spouse left school to work and support the other’s education for better job prospects
- If one spouse is physically impaired and unable to work
In Texas law, judges award spousal support based on the facts of the marriage. This can include the length of the marriage, employable skills, education, and financial resources.
Abuse in the Marriage
Spousal abuse can be psychological and physical. Victims who file for divorce may find their spouse to be uncooperative and may interfere with the divorce proceedings as much as possible. This could lead to a contested divorce.
There was a recent case where an abusive spouse manipulated police into providing him with phone data information on his separated spouse. Because of this, having an experienced divorce attorney who has handled many abuse cases can provide better support and counsel in court through a contested divorce, ensuring the least possible interference from the abusive spouse.
Spouse Is Uncompromising or Has Unrealistic Expectations
Divorce can be an emotional process that can cloud people’s judgment. Some spouses may come to the table thinking they are entitled to unreasonable terms or demand almost everything from a marriage out of spite. As a result, even couples who want a fast and uncontested divorce could experience conflict that leads to a contested one.
If this is the case, despite efforts to mediate or compromise, the next best step is to have a contested divorce. It is impossible to resolve all related family law issues with someone unwilling to compromise or negotiate. Pursuing a contested divorce may prolong the proceedings, but it can have an objective judge prevent a one-sided or unfair divorce settlement.
Discuss Your Case With Dallas & Tarrant County Divorce Attorneys
Whether contested or uncontested, a divorce is an incredibly arduous process. A contested divorce can help you receive fair divorce terms when you and your spouse cannot agree and come to a resolution. With the assistance of an experienced divorce attorney, you have someone advocating for your rights as a spouse and parent in court.
At Marx, Altman & Johnson, we work with clients to establish their goals to reach the best possible outcome. Schedule an appointment at any of our offices in the Dallas-Fort Worth area to discuss your case with a seasoned divorce attorney.
