Divorce is a challenging and often painful process, but sometimes it’s a necessary step towards a better future. In Texas, there are two primary types of divorce: uncontested and contested. Knowing the differences between these two can help you make informed decisions about your own situation.
What is an Uncontested Divorce?
An uncontested divorce, also known as an agreed divorce, is a type of divorce where both parties reach a mutual agreement on all terms and conditions before involving an attorney. Your spouse must sign a waiver of service, indicating their agreement with the terms.
In an uncontested divorce, you and your spouse must agree on several key issues, including:
- The division of property
- Responsibility for legal fees
- Parenting decisions if children are involved
- The amount of child support
- Who will pay for the child’s health insurance
- How debts will be divided
To qualify for an uncontested divorce, both parties must agree on all these issues, and your spouse must sign the paperwork prepared by the attorney. In this type of divorce, the attorney doesn’t negotiate with your spouse or their attorney. If there’s even one area of disagreement, you’ll need to file for a contested divorce instead.
What is a Contested Divorce?
A contested divorce is a divorce where the parties cannot agree on all the terms and conditions. In such cases, you and your spouse may need to appear in court before a judge to resolve the disputed issues.
The process of a contested divorce can be lengthier and more stressful than an uncontested divorce, as it involves negotiation and possible litigation over the terms of the divorce.
Which Type of Divorce is Right for Me?
An uncontested divorce is generally preferable if possible. It allows both parties to move on more quickly and avoids the stress and expense of a lengthy court process. However, if you and your spouse cannot agree on the terms of your divorce, a contested divorce may be necessary.
If you’re considering a divorce in the Dallas area, it’s crucial to seek advice from a qualified attorney. The Blacknall Firm is here to help you understand your options and navigate the divorce process.