The easiest and quickest way to send a marriage is an uncontested divorce. In the real world, however, spouses often have issues that cannot be resolved amicably, at least not right away. In general, contested divorces do take longer, because things like asset division, spousal support, and child support are aspects that must be discussed in depth. Before the divorce can be finalized, it is necessary to settle these concerns. No matter the circumstances, if you believe that your divorce is not going to be a smooth one, you must consult one of the contested divorce attorneys in Texas. Here are some things to know about contested divorces.
What are the common reasons for disagreements in contested divorces?
- Asset distribution. In Texas, properties are classified as community or separate. Generally, assets that have been acquired after the marriage are considered community assets, but lines can often blur, and this can lead to disputes between spouses. As far as property division is concerned, the court orders for ‘just and right’ distribution, especially when equitable distribution is not possible amicably.
- Spousal Support or alimony. Either of the spouses can ask for alimony, but they must prove that they cannot support themselves. Spousal Support remains one of the key reasons for disputes. As someone asking for alimony, you can ask for any amount, but the court will take a call on what’s ideal for the circumstances. The duration of the marriage also determines Spousal Support to an extent.
- Child custody. From physical custody of the kids, to child support and visitation, every aspect related to the welfare of minor children must be agreed upon between the co-parents.
Should you hire an attorney?
In most cases of contested divorces, spouses cannot decide on things together, and the court will eventually recommend mediation. The mediator will be someone, who knows all about family law, but is also neutral to both people. If you have an attorney, they can go with you to mediation and ensure that the outcome is a favorable one. Divorce attorneys know what it takes to resolve issues in a contested divorce, and they can actually guide on your rights. Contrary to popular opinion, attorneys do not want contested divorces to go to trial, but would always recommend spouses to resolve matters between themselves.
Check online for best law firms for contested divorces in Houston, and make sure that you meet an attorney in person, to discuss your circumstances.