Understanding The Difference Between Contested And Uncontested Divorce In Texas

Generally speaking, there are two kinds of divorce: contested or uncontested. Both types have their advantages and disadvantages. It’s important to understand what each entails before you and your lawyer decide which one is the better option for you.

Uncontested Divorce

If you and your former spouse can come to a complete agreement on all aspects of your divorce, you may file an uncontested divorce. This means that you agree completely on child custody arrangements, the division of property, and the allocation of debts and assets. Essentially, you take everything that would be divided between the two of you and split it up yourselves. Then, you both affirm that you understand the paperwork and willingly sign the divorce papers.

This is a best-case scenario divorce. No one is fighting or impeding the divorce process. There are no ugly claims that one spouse caused the divorce. With clear and easy communication between both parties (and skillful representation), the divorce proceeds at a relatively faster pace, saving everyone time and legal fees.

Common Divorce FAQs in Texas?

What Is an Uncontested Divorce?

This is exactly what it sounds like. The marriage is ending in an uncontested manner—meaning without argument or disagreement from either party. Both spouses agree on all aspects of the uncontested divorce.

Does It Still Qualify As ‘Uncontested’ if the Case Involves Child Custody?

Yes, an uncontested divorce is an option, even if the case involves a child under the age of 18.

In these cases, all major child issues are agreed upon as in an uncontested divorce, including parental rights and duties; the child’s residential geographic restriction, if any; child support; medical support; and child visitation and access. This may be a viable option for families who seek an uncontested divorce but have minor children.

What Is a Contested Divorce?

In the State of Texas, contested divorce cases are either resolved by a judge trial, or by a jury trial. A contested divorce occurs when two parties cannot agree on one or more fundamental issues in the divorce. These proceedings tend to be more drawn out than uncontested cases. They usually summon greater costs, both emotionally and financially, for both parties.

The proceedings may include a trial, mediation, and/or arbitration. A judge or jury ultimately resolves the issues in a contested divorce case, so both parties lose much of their control in the resolution of their case, in comparison to an uncontested divorce.

Do I Need to Go to Court for an Uncontested Divorce in Texas?

Under Texas State law, uncontested divorces typically move through the system rather quickly. Most of the actual work required for both spouses to reach an agreement on their divorce terms takes place outside of the courtroom.

Usually, at least one spouse will have to go in front of the judge to answer questions. This is known as a “prove up” hearing. The judge will want to know that both parties truly and fully understand the consequences of their actions.

What Happens After Court?

In general, court proceedings may vary between Texas counties, and between cases.

Once the paperwork is filed and the filing fees are paid, there is a mandatory 60-day waiting period. This is also sometimes deemed a “cooling-off period” before a divorce can be completed.

This is required even when going to court for an uncontested divorce. After this waiting period, there is a final hearing, or “prove up” to finalize the process. If granted, the judge signs a Final Decree of Divorce to officially dissolve the marriage.

From this point, both parties are no longer married to each other in the eyes of the law. They are separate entities, legally and financially, and are bound under the terms of the divorce agreement.

State laws vary, but after a divorce in Texas, both parties are ineligible to enter a new marriage for at least 31 days.

Contested Divorce

If you and your former spouse cannot agree on one or more issues, the divorce will be contested. These tend to be adversarial and take a toll on people’s emotions and finances. With contested divorces, you may go through mediation, arbitration, or even trial before your divorce is finalized. This means contested divorces take longer and often are costlier than uncontested divorces. In addition, since you’re asking the judge to make decisions over the divorce, control over your divorce has essentially left your hands, and it is now up to the judge to make decisions as he or she sees fit.

How We Can Help

Achieving a cheap divorce in Texas is possible if you understand the legal process, utilize uncontested divorce options, and consider self-representation. By following the steps outlined in this guide, you can reduce your divorce costs while ensuring that your rights are protected. Remember, resources like online legal forms and low-cost legal aid can provide valuable support throughout the process.

Our goal at Ready Divorce Service is to provide clarity and support tailored to your individual needs. By choosing us, you’re not just getting legal assistance; you’re gaining a partner who will be with you every step of the way as you embark on a new chapter of your life.

    
 
 
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