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The Difference Between Contested and Uncontested Divorce in Texas

By September 12, 2022April 25th, 2024No Comments

Once you have realized that the best decision for your marriage is to get a divorce, the next step is figuring out the process of your divorce and what to do next. In Texas, there are two types of divorce: contested and uncontested. There are a few differences between a contested and uncontested divorce, and it’s important to understand them to choose the right kind of divorce for your situation. In this blog post, our Texas divorce lawyers discuss the differences and the steps involved in a contested and uncontested divorce.

What is an uncontested divorce in Texas?

An uncontested divorce means that you and your spouse have considered and agreed to all the terms of your divorce. This type of divorce is less expensive and requires less time in court.

Here are the requirements you need to meet to qualify for an uncontested divorce in Texas.

  • One of you must be a Texas resident for at least six months. In the current county for three months.
  • There is a waiting period of 60 days before a divorce can become finalized.

Most couples file an uncontested divorce under irreconcilable differences, meaning that both spouses cannot resolve their disagreements to save the marriage. This is also considered a “no-fault” divorce. Also, neither partner needs to prove that their spouse did anything wrong to get a divorce.

You also must come to the following agreement together;

  • Debt allocation
  • Property division
  • Retirement accounts
  • Child support and visitation
  • Spousal support

What are the benefits of an uncontested divorce?

Divorce is complex and agreeing on all divorce terms can cause emotions to run high. However, if you can resolve issues quickly, even with the help of your Texas divorce attorney or mediation, an uncontested divorce can save money, time, and stress.

Another benefit is that an uncontested divorce is handled privately, and spouses can set their own pace of how fast they wish to proceed. On the other hand, a contested divorce can often expose private matters and become public.

Also, if both spouses can quickly agree to their divorce terms, a couple can get divorced as soon as 60 days after filing the Petition for Divorce.

What is a contested divorce in Texas?

A contested divorce means that one or both spouses can’t agree to the terms of their divorce. You also need to meet the above requirements.

Typically, in a contested divorce, it is because spouses disagree on important issues, including custody, visitation, child support, education, and medical. Other issues that are difficult to navigate are financial, property, retirement accounts, businesses, etc.

Steps for a contested divorce in Texas.

  1. Temporary order hearing – You will need to present evidence and have witnesses testify to show the judge that you should get the outcome you’re hoping for. This includes child custody, child visitation, spousal support, etc.
  2. The negotiation stage – You will need to try to negotiate with your spouse in a mediation process. You and your spouse will sit in separate rooms, and an unbiased attorney will go back and forth until you can come to an agreement on all terms of your divorce.
  3. Going to court – If you are unable to come to an agreement, then you will proceed to trial for your divorce. Both Texas attorneys will present evidence to the judge, and the judge will rule a final decision. This includes the division of assets, child custody, or child support.

If you and your spouse can agree on most issues, you can resolve your contested divorce relativity quickly. Your Texas divorce attorney can help you navigate these issues through negotiation or mediation without a courtroom fight.

However, a contested divorce can become incredibly expensive and cost you a lot of time and energy between going to court and going back and forth over disputing the terms of your divorce. Also, if both parties cannot agree, a judge may step in and decide the outcome of your divorce settlement.

Why you should hire a Texas divorce attorney

Both uncontested and contested divorces have their challenges. Divorce is a complicated and life-changing event, even on the best terms, and it’s essential that you choose a divorce attorney in Texas that will help you navigate your divorce and the terms of your divorce so that you receive the best possible outcome.

C.E. Borman & Associates is an American Lawyer Top 100 Law Firm. 

C.E. Borman & Associates have served the Brazos Valley for over 20 years. Our attorneys and legal staff are committed to straight talk and honest advice.

We provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. Contact us if you need a divorce or family law attorney. Call (979) 846-4090.

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