A Forbes article revealed that 90% of all divorces in the United States are uncontested. In other words, both parties agree on everything (child custody arrangements, property division, etc.) and do all they can to avoid seeing the inside of a courtroom. Full disclosure: Forbes published that article in 2022, so those statistics could have gone up or down since then. But it doesn’t change the fact that family law has more peaceful outcomes than many think. So, at what point does an uncontested divorce become contested?
While many divorce cases start peacefully, not all of them reach the finish line that way. Choosing to end your marriage is never ideal, and it doesn’t take much for one or two hiccups to create a situation where you suddenly cannot see eye to eye on anything.
What Is a Contested Divorce?
A contested divorce is a complex case in which spouses can’t agree on what they want to happen, and reaching a peaceful resolution isn’t possible. As a result, their case must be decided by an impartial judge and possible jury. That doesn’t necessarily mean that both parties are bitter enemies who will stop at nothing to “win.” It simply means one or several key matters are being legally contested. Perhaps the divorce process started as contested and would always be that way. But when both parties are on speaking terms and willing to negotiate a settlement, the shift from an uncontested divorce to a contested one generally occurs whenever there’s a disagreement or standstill in the negotiation process.
Perhaps you and your spouse have agreements for most of your marital property, but for whatever reason, one or both of you suddenly won’t budge on one or two items — the dog, airline miles, the family business, etc.
Maybe it’s not any of that at all, but rather, there are fundamental differences of opinion on child custody arrangements.
Other areas that should be settled in a contested or uncontested divorce include:
- Asset and debt division
- Visitation schedules
- Spousal maintenance
- Child support
- Retirement accounts and benefits
- Health insurance
- Taxes
- Legal fees
Ultimately, you will need a family law attorney as you move through a contested or uncontested divorce. The Court will decide how to handle your relationship’s unique issues and render a just and fair ruling to all parties.
Most contested divorce cases require aggressive advocacy, especially when children are involved. We help the client develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls largely on the innocent and impressionable children of divorce. Christman | Daniell Attorneys’ primary goal is to protect our clients’ interests, equip them for a difficult journey, and deliver skilled legal advocacy and advice.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The Christman | Daniell Attorneys’ attorneys believe in tailoring legal advice and solutions to your circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
