Uncontested Divorce
Despite what many people are lead to believe, there is only one type of divorce in Texas - a divorce. There is no official designation for "Uncontested" or "Contested" divorce.
Rather, the term Uncontested divorce is most properly used to describe a divorce in which relatively little fighting is done. It describes a case in which the parties work together to reach an agreement on the various issues, such as child support or division of property, prior to or soon after filing.
Keep in mind that, in Texas, a court cannot grant a divorce until 60 days have passed from the date of filing, unless an exception is granted based upon family violence.
The 60 day waiting period must occur even if both parties agree to all of the terms of the divorce.
Second, every divorce, even an Uncontested divorce requires three things: a petition, some form of service or a waiver thereof, and a final decree.
Uncontested divorces occur for many reasons, including the recognition that the major expense in a case, both emotional and financial, is fighting or arguing. Fighting takes time and time truly equals money in the legal world.
There are certain times and certain cases in which things are worth fighting for; there are other times when fighting is nothing but a waste of money and energy.
Retaining a trustworthy, experienced attorney that has your best interests at heart is the best way to find out when a fight is worth it, and when it's not.
Here are some Beal Law Firm Resources that may help you with your Divorce questions:
Divorce: Five Things to Think About before it happens
The Importance of Filing First:
Why being the first to file matters
Understanding Texas No-Fault Divorce
What is Collaborative Divorce?
Collaborative Divorce: Top 5 Questions
Mediation: How does that work?
Top Twelve Mistakes People Make When Facing Divorce
Find other answers on our Resources Page and Blog