Every Texas divorce results in the dissolution of the marriage contract. Every divorce, however, is also unique to the circumstances involved, and there are several different pathways forward. The most important concern when it comes to divorce is protecting your rights as a parent as well as your financial rights. Working closely with an experienced divorce attorney at Cook Law in San Antonio, TX, is always in your best interest.
No-Fault Divorce in San Antonio
Most divorces in Texas are no-fault. This means they are based on unsupportability, which is very similar to irreconcilable differences. In a no-fault divorce, neither spouse is required to prove the other’s wrongdoing, which tends to streamline the process.
Uncontested Divorce
If you and your divorcing spouse can resolve the applicable terms between yourselves, your no-fault divorce will also be uncontested. This means you won’t need the court’s intervention. Look to your trusted divorce lawyer to skillfully guide you through the legal process with your rights intact.
Mediation
With a no-fault divorce, you also have the option of mediation. Mediation involves both sides and their respective divorce attorneys coming together with a professional mediator who serves as a neutral third party. The mediator’s job is to help you explore your best options and potential compromises. Mediation is often the last stop before heading to court, and as a result, many divorcing couples find it very motivating.
Contested Divorce
If one or more of your divorce terms remain unresolved following negotiations, you will need to address the matter in court. At this point, your divorce becomes contested.
The primary terms of divorce include the following:
- The division of marital property
- Legal custody and parenting time
- Child support
- Spousal maintenance
Fault-Based Divorce
In Texas, fault-based divorce is an option, and these cases are always contested. Primary forms of fault include adultery, cruelty, and desertion. The spouse seeking the fault-based divorce must prove the other’s wrongdoing.
Fault-based divorces tend to be costlier, lengthier, and more emotionally challenging. Proving that your ex caused the dissolution of your marriage, however, can also lead to more favorable terms for you.
Collaborative Divorce
Collaborative divorce requires both parties to commit to the collaborative process. This means you’ll each have focused legal representation backing you up and will come together to hammer out terms. Often, professionals with specific expertise, such as in accounting or child custody, also participate.
When a couple is unable to negotiate mutually acceptable terms during the collaborative process, they must begin again. This means starting over with new legal representation and generally means that the case will head to court.
An Experienced San Antonio Divorce Lawyer Can Help
The capable San Antonio divorce attorneys at Cook Law will leave no stone unturned in their focused pursuit of divorce terms that support your best interests. For more information, please don’t delay reaching out by contacting us online or giving us a call at 210-740-0281 today.