Every divorce in Texas technically falls into one of two categories. People either pursue uncontested divorces where they set their own terms or they proceed with a contested or litigated divorce where a judge makes those crucial decisions.
Some people have an easy path to an uncontested divorce. They may already have a marital contract with their spouse discussing property division matters. Other people may not yet agree on any of the most important decisions about the upcoming divorce. They may believe that their only option is to take the case to the family courts. However, there are numerous ways for people to achieve an uncontested divorce. For example, some couples attend mediation. Other times, the spouses have their lawyers work cooperatively to negotiate a settlement.
Why do some people invest so much effort into achieving uncontested divorce filings?
Contested divorce is typically more expensive
The cost of divorce is frequently the issue that pushes people to do whatever is necessary to resolve disputes for an uncontested filing. Although every divorce is different, the data when looking at divorces in general makes it very clear. Contested divorces typically cost multiple times what uncontested divorces do. People who successfully avoid litigation can often limit their overall costs.
Uncontested divorces give spouses control
During litigated divorce proceedings, judges make all of the most important decisions. They decide what should happen with property division and custody matters. It is relatively common for both spouses to feel frustrated and disappointed with the final outcome of divorce proceedings when a judge makes all of the major decisions. In an uncontested divorce, spouses can negotiate their own arrangements and can prioritize the terms that matter the most to them.
Uncontested divorces limit conflict
The litigation process pits spouses against each other. The process can easily become quite adversarial and may cause permanent damage to a relationship that was already on the decline. When people share children or attend the same church, they may want to try to minimize the bad blood that develops during a divorce. Those who are able to make arrangements for an uncontested divorce can limit the conflict that arises toward the end of the marriage.
Understanding the various positive aspects of uncontested divorce can make the work necessary to achieve it seem worthwhile. Spouses who focus on the big picture may find it easier to cooperate with one another when they decide to end their marriage.
