Is an Uncontested Divorce Always the Best Option in Texas?

Without a doubt, uncontested divorce has many benefits, from reduced expenses to greater control over the settlement results. I have successfully guided a great many clients through the process of negotiating all the settlement issues in uncontested divorce. However, certain situations absolutely require a contested divorce in court to ensure my client receives fair treatment. The balance of power within a marital relationship can determine the ability of parties to fairly negotiate the terms of divorce. For example, when the grounds for divorce involve mental or physical cruelty, alleged victims are unlikely to have the necessary resolve to protect their interests during negotiations. In other cases, the power imbalance is more subtle, for example when:

• One spouse has a substantial earnings advantage.
• One spouse has handled all financial issues, such as bill paying and investment decisions.
• One spouse has traditionally made all-important decisions for the family.

When I begin working with new clients, I take every opportunity to learn all I can about them because I believe a skilled Texas divorce attorney needs to make a psychological assessment of clients early in the lawyer-client relationship. Although an imbalance of power during a marriage may have no effect on the ability of some individuals to stand up for their rights, others may want to get out of a marriage at any cost.

Your future is at stake when you make the choice between contested and uncontested divorce. Turn to experienced legal assistance before you make this important decision.