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Contested vs. Uncontested Divorce: Know the Difference

Divorce can be a complicated process, and anyone who finds themselves at the crossroads of an ending marriage likely feels overwhelmed about the legalities of what divorce entails. Unfortunately, divorce is fairly common in our society, and learning the nuances is important to successfully getting through this challenging time in life. Here are some common terms to understand before entering a divorce. To learn more about the details of divorce, reach out to a divorce lawyer in San Antonio, Texas.


Divorce occurs when two married individuals choose to legally dissolve their union. You can also legally end a marriage by getting a marriage annulled. The difference between a divorce and annulment is that an annulment completely erases the marriage as if it never occurred, and you can only get an annulment if certain requirements are met. These terms ultimately demonstrate that the marriage wasn’t valid. For instance, you can get an annulment if one of the individuals committed fraud, if there was forced consent, or if there was an inability to consummate the marriage. Divorce, on the other hand, ends a valid marriage and gives both people the ability to remarry.


Divorce can either be contested or uncontested. Contested divorce occurs when the two people can’t agree on the terms of the divorce. Sometimes this will occur when one doesn’t want to get divorced. It also occurs when the two people cannot agree on how to divide their assets, or disagree on child custody and payment of child support. In a contested divorce, both parties are advised to get lawyers who will support their best interests.

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In an uncontested divorce the two people both agree on the divorce, and can decide on legal decisions, like dividing assets and custody, on their own. These divorces tend to me quicker, easier, and cost less money. Though these divorces tend to be more civil, it is not a bad idea to hire an uncontested divorce lawyer in San Antonio, Texas, to help you through the process. They will be able to tell you all your available options and guide you through the decisions.


There are times when couples will start with a contested divorce and then reach an understanding before the divorce goes into court. This is called a settlement. In settlements both people totally agree on the terms of the divorce, including the division of assets and terms of child custody, and therefore cannot fight the terms in the future. Often the lawyers are the ones that help both parties reach an agreement.

Though divorce can be a difficult period in anyone’s life, sometimes ending a marriage is for the best. In order to make sure things end civilly and in everyone’s best interest, hiring a divorce lawyer is a good idea. Your divorce lawyer will support you throughout the process and offer their expertise at any roadblocks.

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