Divorce, by its very nature, is not an ideal situation. However, not all divorce is the same, and some methods are preferable to others.
If you could wave your hand and control how a marriage ends, most people would choose an uncontested divorce. Unfortunately, there is a reason most divorce ends in court. Most couples disagree on one or more issues regarding children and property. Continue reading to learn when an uncontested divorce might not be a reasonable option.
Spouses with specific grounds for divorce should not opt for an uncontested divorce. Typical settings include adultery, cruelty, abandonment, criminal behavior or mental illness. Texas cautions couples from filing for an uncontested divorce if they experienced mistreatment. However, if you do not get along and no injustice occurs, you may still wish to file for an uncontested divorce.
Minor or dependent children
Children make it very difficult to file for an uncontested divorce. If the wife is pregnant, the wife gave birth to a child during the marriage with another man, you have a disabled child or any minor children, then you likely need to litigate the divorce in court. However, even though Texas cautions against it, parents who agree on their child’s upbringing may still file for a simple, uncontested divorce. It comes down to what works best for you and your child.
Ideally, divorce is a quick and painless process. Realistically this is not always the case. Disagreements about children and poor treatment during the marriage make contested divorce the better option. Make your decision based on what is best for you and your children.