- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Before officially filing for a divorce petition in your local court, it’s essential to know about the case options that you can consider. This article discusses the basics of a contested divorce and gives you an overview of what you can expect. Read the helpful information well so you can decide whether this type of case is suitable for your current circumstances.

How Does a Contested Divorce Work?

When a divorcing couple cannot resolve their settlement agreement civilly, one of the spouses can file for a petition in their local court. The other spouse will then be served with divorce papers and is given a certain period of time to respond. If he or she strongly disagrees with the demands stated on the document and still no resolution has been made, both parties will now be required to show up in court and defend themselves. This type of divorce case is can be very lengthy, stressful and expensive, and usually involves the assistance of lawyers.

Advantages

- The court will monitor the entire proceedings and make decisions that are just and suitable for both parties so you can be sure that you’re getting what you truly deserve from the settlement.

- If you and your soon-to-be ex spouse have substantial assets, joint bank accounts, minor children and other major divorce issues, having a contested case really helps because the properties and custody arrangement will often be fairly divided and decided by the judge.

- If you have specific settlement demands or perhaps seek the sole custody arrangement of your child, bringing the matters to court will give you a better chance of winning the case.

Disadvantages

- Since a contested divorce requires court intervention, it is often more expensive than the other type. In a complicated proceeding like this, you’ll need an experienced divorce attorney to represent you properly which also adds up to your costs.

- Contested divorce cases take much longer to settle because of all the investigation, hearings, counter-petitions, custody battles, mediations and other processes involved. They usually last for one or more years, and it can also give physical and emotional stress to both parties.

- This type of divorce is also more complex since many issues will be tackled. It can be very complicated and confusing at times, so it’s important to always be under the guidance of your attorney. This way, you can choose wise decisions and make the case more favorable to you.

When Should You Consider Filing for this Type of Case?

Contested divorce should only be chosen if you and your spouse truly cannot settle anything on your own. Nothing will happen if you keep on waiting for your husband or wife to come around, so you have no choice but to take it to court. This type of divorce is also advisable for disputing couples with too many properties to divide and minor children to fight custody over. The court’s intervention will often ensure a better proceeding and keep your rights protected.

But before consider this option, be sure to try resolving the settlement peacefully with your spouse first. If he or she refuses to cooperate, then it’s time that you let the court oversee the development of your divorce case.

Need an experienced divorce lawyer in Houston TX to represent you in court? Visit Best Divorce Attorney in Houston today and they’ll immediately refer you to the top lawyers in the city who can handle your case with great expertise!

Kingwood Houston, Texas Family Law, Divorce, Child Support & Child Custody Information

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

It is a sad fact that of all Americans who have been married, one out of three has also experienced at least one divorce. With the vast majority of people in America being married one or more times, it is common knowledge that every couple goes through a few rocky patches. Many marital problems can be solved with open communication and a solid commitment to one another. For more serious issues, some couples turn to marital counseling and may find renewed strength at the end of that journey.

Unfortunately, some problems escalate into insurmountable barriers to a successful marriage. Generally these seemingly unsolvable issues stem from one or both partners refusing to address their problems while they are still manageable. Someone’s feelings get hurt, resentment festers, and eventually one spouse detaches emotionally from the other. The further into this cycle a couple is, the more likely they will find themselves in divorce court.

The downhill slide that ends in separation usually begins with communication problems. It may start with keeping secrets, and soon one or both spouses avoid talking to each other about marital problems or possibly even life in general. A failure to communicate with each other indicates a lack of trust, which is the foundation of marriage.

Shortly following a breakdown in communication, a partner may begin to employ personal defense mechanisms that will continue to weaken the marital bond. Stonewalling tactics, being overly defensive, or dismissing the other spouse’s feelings makes healthy conflict resolution impossible. Avoiding conflict or engaging in negative defense mechanisms serves only to poison a marriage.

On the other hand, a spouse may make multiple efforts to address marital problems only to be shut out by the other who is utilizing unhealthy defenses. Eventually the spouse making an effort to correct issues in the marriage will tire of being ignored and may even begin to distance his or herself from the other partner. At this point, it is highly likely that one or both spouses may give up entirely and lose any interest in saving the marriage.

Is there a “point of no return” when a marriage is doomed? Certainly there is. However, that point is different for each couple. The key to saving a marriage is willingness to save it. If one or both spouses have given up on their partnership, there is not much hope. For couples who have not given up, the road to marital recovery requires honesty, communication, patience, forgiveness and commitment. It is a long and bumpy road, but then so is the road to divorce.

If you’re trying to find top divorce lawyers in Austin TX go to Trusler Menduni PLLC. If you’re interested in learning more about other approaches to divorce, you should get a copy of the Collaborative Divorce Audio CD to learn more about this innovative approach.

TX Divorce Lawyers Robert Reid McInvale Houston Attorney