Knowledge About Divorce is Power
Bob Leonard Law Group, PLLC
Feb 20, 2014
If you are considering divorce, consider your options. knowledge about divorce is power
Thinking About Divorce?
Knowledge about divorce is power. Statistics indicate that nearly half of all couples will divorce. Whether the statistics are accurate or not, a number of people make a decision to end their marriage every day. Read through our divorce blogs for useful information, on navigating your way through a divorce. We try to equip you to be well-prepared and well-armed with successful strategies and solutions for skirmishes.
Deciding to Divorce?
Deciding to divorce is a difficult choice and the process can be painful and inconvenient . There will be many unexpected bumps along the way, but at the beginning, you and your spouse have the opportunity to determine what kind of divorce process you will pursue. Following are some of the major types of divorce with pros and cons and criteria for determining if you are a good candidate for each process.
Knowledge About Divorce is Power: Types of Divorces
An uncontested divorce is where both spouses agree to divorce, and agree on all issues relating to children, real property, assets or debts. If you and your spouse fit this category and have open, honest communication on all issues, you might be a candidate for an uncontested divorce. Each party should be fully aware of all aspects of the divorce and be willing and able to discuss and come to full agreement on everything. If you have no property, no appreciable debt and no children you could be a good candidate for an uncontested divorce. However, the size of the estate is not the most relevant reason to choose an uncontested divorce; rather it is the informed agreement of the parties.
Pros of the Uncontested Divorce
- An uncontested divorce is typically less expensive (with or without a divorce attorney).
- An uncontested divorce can often be completed in less time.
- An uncontested divorce is not as likely to be emotionally charged or stressful.
- An uncontested divorce allows the parties to agree to unconventional settlement terms and unconventional possession schedules for the children.
Cons of the Uncontested Divorce
- An uncontested divorce rarely remains uncontested because very few people are able to maintain the spirit of agreement they begin with.
- An uncontested divorce can turn contested quickly and It is almost always difficult (and expensive) to transition from an uncontested divorce to a contested divorce.
- An uncontested divorce may not involve attorneys, and there may be unintended results of the agreement which can be either be costly to fix later, or may be impossible to fix at all.
Contested Divorce – Property Asset Division
A contested divorce does not mean a contentious divorce. A contested divorce does not mean a difficult divorce. A contested divorce simply means that the parties are not in complete agreement on all issues. It may be that a couple is mostly in agreement about the children, but does not agree about retirement accounts. It may be that each party wants to have primary possession of the children, or that the parties cannot develop a possession schedule for the children that works for both parties. Whether it is a small issue, a large issue or multiple issues, if you are not in complete agreement, your divorce will be contested. Likewise, if you do not have knowledge of all facts concerning your finances, your divorce should be contested.
Pros of a Contested Divorce
- A contested divorce forces each party to honestly assess his or her position on each issue and to clearly articulate that position.
- A contested divorce might better protect the parties’ real property, assets, debts and children.
- A contested divorce can contain a process called “discovery” wherein all relevant topics are thoroughly revealed and documented.
- A contested divorce may have the benefit of attorneys who can help facilitate productive action and communication between the parties.
Cons of a Contested Divorce
- A contested divorce can be expensive if either of the parties (or either of the attorneys) is unreasonable or uncooperative.
- A contested divorce can take longer, although if the parties can come to agreement during the process a final order can be entered without a trial.
- A contested divorce may cause emotional turmoil or stress for the parties and for the children.
- A contested divorce could involve attorneys who are more interested in the fight than in preserving the relationships or the assets.
- A contested divorce puts your fate in the hands of a judge who does not really know you, your spouse or your children.
Collaborative Law Divorce
A collaborative law divorce uses a structured process wherein the parties can work with their collaborative law attorneys and often other family or business professionals to “collaborate” on achieving a settlement that each party finds acceptable. The Uniform Collaborative Act was adopted by Texas in 2013, furthering the collaborative law process in our state. If you and your spouse are reasonably close to agreement on most issues, not antagonistic toward one another and willing to actually work positively and productively together, collaborative divorce might be a viable option. In addition, if the addition of a counseling professional or accountant would be helpful, and if you are both willing to work with the same professionals toward a common goal, collaborative divorce could be a good choice.
Pros of Collaborative Law Divorce
- A collaborative law divorce might seem less intimidating.
- A collaborative law divorce encourages couples to work together to find mutually workable solutions to complex issues.
- A collaborative law divorce can derive benefit from the input of outside professionals agreed upon and hired by both parties.
- A collaborative law divorce can create a more level playing field if each party is willing to be open and honest in negotiation.
Cons of Collaborative Law Divorce
- A collaborative law divorce can be very costly.
- A collaborative law divorce may take longer than traditional litigation.
- A collaborative law divorce has a structure some might find cumbersome and overblown.
- A collaborative law divorce is not necessarily less contentious in the long run; one party may feel ‘railroaded’ by all of the people in the negotiation process.
- A collaborative law divorce eliminated the possibility of using the same attorney for a later, non-collaborative matter with the same party.
Your Divorce, Your Way
Helping you decide what is best for your divorce.
At the Bob Leonard Law Group, PLLC your legal team is available to help you choose the type of divorce that will best suit your specific situation and your particular personality. There is no single “best” way to get a divorce. There are both positive and negative aspects each process. Next week we will provide you with a plan to locate, interview and hire the right attorney for your divorce.
Contact Board Certified Family Law, Property Division Expert Divorce Lawyer .
Protect Your Children. Protect Your Assets.
Phone 817-336-8500
Email Us: info@bobleonardlawgroup.com
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