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Southlake Divorce Mediation and Divorce Litigation Lawyers

Fort Worth, TX Uncontested and Contested Divorce Lawyer

Guiding You Through Uncontested and Contested Divorce in Fort Worth

If you are getting divorced, you have two options for approaching your case. You can choose to go to court and ask a judge to decide on all or some issues—this is called contested divorce. Or, you can try to resolve your divorce by mutual agreement with your spouse, which is known as uncontested divorce. Each type of divorce presents unique challenges. If you choose contested divorce, the process may be more time-consuming, and you will have to work with your attorney to gather a lot of evidence. However, if you choose to pursue an uncontested divorce, you will need to compromise with your spouse. An attorney can help you decide which option is right for you, considering your unique marriage and family situation.

The Law Office of J. Kevin Clark P.C. is experienced in both contested and uncontested divorce. In many cases, Attorney Kevin Clark recommends at least trying mediation to see if you and your spouse will be able to reach an agreement. However, the choice is yours, and we are always prepared to fight for you in court. Our firm is experienced in addressing a wide variety of types of divorce and working to resolve the different issues that can come up in divorce, from complex division of property to child custody. We are here to fight for you in whichever way you need us to.

Litigation Attorneys for Contested Divorce

A contested divorce can be more complicated than an uncontested divorce. Rather than having two people who are intimately familiar with the facts and circumstances of the case making all the decisions, a neutral and impartial judge who does not know anything but what you can prove to them will be tasked with deciding each issue.

The main disadvantage of contested divorce is that it can be time-consuming and costly. Instead of simply accepting as fact things you and your spouse both know to be true, you will likely need to offer evidence. However, contesting a divorce is quite necessary or even preferable in some cases.

Contested divorce may be the best option for you if:

  • Your spouse refuses to participate in mediation in good faith.
  • Your spouse has a serious mental illness or substance abuse issue and cannot meaningfully work with you.
  • Your spouse has committed family violence or other forms of abuse against you or your children.
  • You have complex child custody issues. For example, you may pursue sole custody to protect your child, or you may be planning to relocate with your child against your spouse's wishes.
  • You have an unfair prenuptial agreement in place that must be discarded.

If one or more of these factors are in place, we may suggest moving directly to divorce litigation for your protection.

Uncontested Divorce Attorneys for Mediation and Negotiation

Uncontested divorce is often the favored approach in cases where both spouses are willing to work toward resolving their issues with the help of a mediator or through attorney-driven negotiation. This approach may be right for you if:

  • Your divorce is largely amicable.
  • You and your spouse are older adults and have the life experience needed to compromise fairly.
  • You do not have children in common or are both committed to co-parenting in a way that puts your children's needs first.
  • You were married only a short time, have little property in common, and neither spouse will need alimony.
  • You have a fair prenuptial agreement that addresses most or all financial issues in your divorce.
  • You have been living separately and apart for some time, having already divided most of your property and created a working child custody schedule.
  • You would like to avoid the public nature of litigation.
  • You do not want to put your children through a difficult custody battle or have a guardian ad litem involved in your case.

We find that most spouses who attempt an uncontested divorce succeed with our help. However, going to court is still an option if you find after trying in good faith that uncontested divorce will not be possible for you.

Contact a Tarrant County, TX Divorce Attorney

The Law Office of J. Kevin Clark P.C. is a dedicated family law firm. Attorney J. Kevin Clark limits his practice to family law issues so that we can exclusively focus on helping families undergoing divorce and similar issues. Our firm's goal is to achieve a resolution that you are satisfied with. Contact us at 817-348-6723 for a complimentary initial consultation today.

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