What if i contest a divorce

If all parties can agree, however, uncontested divorces can be processed more quickly than contested divorces. Contested issues within a divorce can involve virtually anything that becomes a point of contention between the parties. One might have difficulty deciding how finances should be split, who gets the house, or even child custody rights. There are five main reasons why a Texas divorce lawyer would recommend that you contest your divorce, including:.

Unfortunately, it is fairly common for spouses to hide things from each other during the marriage and when going through a divorce — including items that are financial in nature. When a spouse conceals assets from a court, the judge will not be able to take the value of these items into account when it comes to deciding how to divide the property between the parties.

Additionally, such assets may also have an impact on the determination of spousal maintenance, if any, and child support. Because a contested divorce is litigated, it gives each spouse access to discovery tools that can help identify all assets in question, which can help put the parties on a level playing field. This is because a judge is required to make a finding that best serves the best interests of the child or children involved.

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Robyn Affentranger. Trisha Holder. If you have served your spouse properly, and your spouse failed to file a written response on time, some states let you file a request to enter a default divorce. State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment.

It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.

At the hearing the judge may issue a ruling based entirely on what is stated in your divorce petition or based on what you proved to the court and then issue your divorce orders and judgment.

By failing to respond or appear, your spouse gives up the right to have any say in the divorce proceeding or court judgment. If you have filed for divorce and are dealing with an uncooperative spouse, you should speak with an experienced divorce attorney to discuss the possibility of pursuing a default case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. From this description, you can see that a hearing in a contested divorce sounds like a trial — and it is similar in many respects. You might hesitate to go through the process, especially when it seems easier to make an agreement through an uncontested divorce.

However, you could be making a serious mistake that affects your rights, financial interests, and future if you do not stand firm on your position. You will need advice and counsel from a Texas contested divorce attorney if you are dealing with the three key reasons to contest your divorce. You believe your spouse is concealing assets. There is just one reason that a party to a divorce would hide property, and you can guess that it is financial in nature.

When someone conceals assets from the court, a judge will not take the value of these items into account when making a decision on how to divide community property equitably.