When couples find themselves unable to agree on essential matters related to their divorce, it becomes a contested divorce. In this blog post, we delve into the concept of a contested divorce, exploring disagreements that can lead to such a situation and the different methods available to resolve them, including mediation and collaborative divorce.
Understanding a Contested Divorce:
A contested divorce occurs when the spouses are unable to reach an agreement on critical matters such as child custody, property division, or even the grounds for divorce itself. These issues become points of contention, leading to a contested divorce.
Resolution Methods:
In a contested divorce, there are several ways in which the disputes can be resolved. One option is to go to trial, where a judge will make the final decision on the contested issues. However, this process can be time-consuming, emotionally draining, and costly.
Alternatively, couples can choose to resolve their disputes through mediation or a collaborative divorce process. Mediation involves a neutral third-party mediator who facilitates communication and negotiation between the spouses, helping them find common ground and reach mutually acceptable solutions. Collaboration, on the other hand, involves a team of professionals, including attorneys, mental health experts, and financial professionals, who work together as a team to resolve the contested issues and reach a solution acceptable to both parties.
Benefits of Mediation and Collaboration:
In a contested trial, the parties’ dirty laundry is aired in public and important decisions about their children and their finances are decided by a judge who has never met them and who has very limited knowledge of the personal circumstances involved. In contrast, mediation and collaborative divorce allow the couple to have a more active role in shaping their agreements about their most important, and personal, parts of their lives. Mediation and collaboration offer more peaceful and cooperative alternatives to courtroom battles. In these processes, we focus on open communication, compromise, and finding mutually beneficial outcomes. Many couples say it has helped them be effective co-parents to their children many years after the divorce is over.
Summary:
A contested divorce signifies a situation where spouses cannot agree on crucial aspects of their separation. While litigation remains an option, alternative methods such as mediation and collaboration provide more amicable and empowering avenues for resolving disputes. By prioritizing open communication, compromise, and the involvement of professionals, couples can navigate the complexities of divorce in a more peaceful and constructive manner. Ultimately, the goal is to reach agreements that lay the foundation for a new chapter in their lives, promoting fairness, cooperation, and a sense of closure.
For More Information Contact an Experienced Dallas Family Law Attorney
To schedule a free initial consultation with a Dallas Family Law Attorney, contact Paula Lock Smyth Law Offices at 214-420-1800. Our office is located at 2911 Turtle Creek Blvd., Suite 300, Dallas, TX 75219.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers. She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.