Uncontested Divorce

Despite what many people believe, there is only one type of divorce in Texas: a divorce. No official designation for "Uncontested" or "Contested" divorce exists. 

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Instead, the term "uncontested divorce" in Texas is most appropriately 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 various issues, such as child support or property division. The only distinction between a contested and uncontested divorce is how the parties resolve their differences during the divorce process.

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An "uncontested" divorce in Texas is usually considered uncontested because they take less time and effort to settle than a contested divorce. This is because the parties involved know how to compromise. Even so, that doesn't mean that a divorce attorney isn't needed to ensure everything runs smoothly and legally. If you are considering a divorce, hiring an incompetent or unethical divorce attorney in Texas can lead to utter disaster, even with a relatively simple divorce proceeding.

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60-Day Period

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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. That's it’s considered best to contact a reasonable divorce attorney in Texas as soon as possible when contemplating filing a petition for divorce.

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Second, every divorce — even an uncontested divorce — requires a petition, some form of service or a waiver thereof, and a final decree. Hiring a divorce attorney in Texas will be crucial in determining precisely what your situation requires.

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There are three things that need to be considered, no matter the situation. There are different forms depending on various circumstances, such as whether you and your spouse have children, whether you’re the “petitioner” (the first to file) or the “respondent” (the other spouse), and real estate properties like homes have to be taken into account as well.

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An uncontested divorce in Texas can occur for many reasons, including the recognition that a significant expense in a case, both emotional and financial, is fighting or arguing. Fighting takes time and time truly equals money in the legal world. Therefore, many couples come to an arrangement without further fighting. It’s always a good idea to have a divorce attorney review your case to ensure it is fair. If you have complicated financial assets, having a divorce attorney in Texas draft the agreement is a good idea.

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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. In any event, it is best to consult a divorce attorney in Texas to discuss all of the issues before pursuing a course of action. Retaining a trustworthy attorney with your best interests at heart is the best way to determine when a fight is worth it and when it's not. We can help.

 

 

Here are some Beal Law Firm Resources that may help you with your Divorce questions:

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Divorce: Five Things to Think About before it happens

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The Importance of Filing First:
Why being the first to file matters

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Hiring a Divorce Attorney: Common Questions

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Understanding Texas No-Fault Divorce

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What is Collaborative Divorce?

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Collaborative Divorce: Top 5 Questions

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Property Division in Divorce

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Mediation: How does that work?

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Top Twelve Mistakes People Make When Facing Divorce

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Find other answers on our Resources Page and Blog