Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

How Can I Avoid a Contested Divorce?

The headlines may not make it appear that way, but most people want their divorce to go as smoothly as possible. The worst divorces – particularly the celebrity kind that we are often privy to – seem to result in lose-lose situations. The spouses end up exhausted and bitter. Substantial sums of money change hands. Meanwhile, the children are caught in the middle. A fair question then that many divorcing for the first time ask is: how can I avoid a contested divorce?

Avoiding a contested divorce is up to the two spouses. Once divorce proceedings have begun, this is a sign that the two spouses consider their marriage over, and their priority should be on moving on as smoothly as possible and providing the best possible environment for their children, if they have any. Work with your attorney, your spouse and your spouse’s attorney early in the process on the big issues of the divorce – property settlement, child support and spousal support. The more you and your spouse work together, the less likely you are to surprise each other. Surprises resulting from a lack of communication can push one side into contesting the divorce.

An uncontested divorce has financial and emotional benefits for both sides. From the financial perspective, uncontested divorces are cheaper, since the spouses avoid a drawn out court case involving the gathering of evidence and an eventual trial.

For many couples, though, the emotional savings are worth far more than the financial ones. The longer the divorce plays out, the longer you remain emotionally invested in the case and the longer you remain in limbo with regards to important financial and life decisions. This eventually takes a toll on everyone involved.

Nevertheless, there are times when contesting a divorce is an appropriate. If your spouse files for divorce on false grounds, you may wish to contest the divorce. Or, if your spouse maintains unreasonable positions on property settlement or child custody, you may have no choice but to proceed to trial.

Have you recently gone through a contested divorce? What were the areas on which you and your spouse found it difficult to find a common ground?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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