Once divorce papers have been served in Texas, the next step is to participate in a discovery period. This involves bringing forth all pertinent information and documents about the couple’s shared assets. Depending on the level of cooperation between you and your spouse during this time, it is usually determined whether your divorce will be contested or uncontested.
In an uncontested divorce, the divorcing couple is able to come to an agreement surrounding the terms of their separation, usually with the assistance of mediation. This can simplify the process dramatically, though it requires the collaborative efforts of both parties. If an agreement can be reached, the divorce process can be shortened by a large margin and keep the cost of legal fees low. While this is preferable, it is highly likely that tensions will be high during this time, making it difficult to accomplish this task.
A contested divorce happens when a couple is unable to come to an agreement, bringing the need for courtroom litigation to solve the issues surrounding the distribution of their assets. Both spouses hire separate legal counsel, and after each side has had a chance to present their arguments, a judge will make a decision that is enforceable by law.
The court’s decision will decide:
- Asset division
- Child custody
- Spousal support
- Visitation rights
Contested divorces can quickly become heated affairs, dragging on for an extended period of time. For this reason, it is highly encouraged that you and your spouse make a reasonable effort to reach a collaborative arrangement before pursuing court involvement. It is understandable, however, that sometimes this proves to be impossible as emotions can complicate these situations.
Divorcing? Contact Barbara A. Weaver Attorney at Law
Having served as a former Texas judge for nearly a decade, our founding attorney Barbara Weaver has invaluable insight into the legal system and can help simplify the divorce process for you. With compassionate and dedicated representation, our skilled Killeen divorce lawyers have the necessary skills to help you seek a collaborative divorce. We are not afraid, however, to take your case to trial in order to protect your interests. Get the representation you need by contacting our office or scheduling a free consultation today!