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Posted by Anderson on Jun 11, 2017

Why Contested Divorce is the Right Procedure for some Couples

Five years! This was how long one divorce case lasted before the court, where it was filed, was finally able to make a decision. Not only that, but that same divorce case was also handled by four different judges, involved six different divorce attorneys and costed about $400,000.00. It was bitter and hostile and, maybe the saddest part, is it could have ended much sooner had the wife accepted her former husband’s offer of $5,400 monthly support, half of everything in their million-dollar home plus $50,000 cash more. Clearly she refused the offer simply because her lawyer (whose fees, by the way, were paid by the husband too) told her to decline, saying that she can have more. Her refusal to accept monetary offer was to her loss, however, because the court, in the end, ruled only a $1,500 monthly alimony; but since custody of the children was awarded to the husband (due to her drinking problem), she had to pay the husband 525 a month in child support. Worse (for her), all still unpaid legal fees (for her attorney and forensic accountant) will have to be shouldered by her.

In the event of divorce, there are a handful of other issues that spouses need to settle; child custody and visitation rights, child support, alimony or spousal support, and division of property, assets and debts. Texas courts, specifically, according to the Texas Family Code, usually encourage spouses to first settle these issues between themselves peacefully and amicably; however, there are just divorce cases where spouses cannot reach an agreement and rather choose to argue against each other. It is divorce cases like these that end up in a court, where all final decisions are made by the presiding judge.

A court-litigated divorce, called Contested Divorce, is the traditional way of settling divorce cases. It is usually a tough, emotional, battle between spouses, as each spouse, through their own lawyers, try to accuse and discredit one another in an attempt to win the judge’s favor. But while this type of divorce can be extremely frustrating and upsetting to concerned spouses, it is nothing more than a source of entertainment to some court spectators who find amusement in all the family secrets and accusations they hear.

According to the Maynard Law Firm, PLLC, contested divorce is best suited for couples who have fundamental disagreements about how the dissolution of their marriage should work. Though these divorces are adversarial in nature, they are also a surefire way to ensure that a marriage will end and that your voice will be heard before it does. That being said, if you don’t think it will be possible for you and your partner to come to an agreement about your divorce, your circumstances may necessitate a contested divorce from your spouse.

Divorce lawyers understand just how important every aspect of the legal process will be for you, thus, they work hard to develop a comprehensive legal strategy to defend your rights and protect your future, in and out of the courtroom. In addition, they can help you understand the implications of each decision that you will need to make along the way. Once you have all of the information you need to make these precise decisions, you will be able to feel confident in your choices.

 

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