Divorce is never an easy decision, but sometimes it is necessary in order to move on with your life. In the state of Texas, there are two types of divorce: uncontested and contested. Understanding the difference between these two types of divorce can help you make informed decisions about your own situation.
What is an Uncontested Divorce?
An agreed divorce, also known as an uncontested divorce, is a divorce in which both parties agree on all the terms and conditions of the divorce before hiring an attorney and your spouse signs a waiver of service.
This means that you and your spouse will need to agree on issues such as:
- How property will be divided between you
- Who will pay for legal fees
- How parenting decisions will be handled if there is a child involved
- The amount of child support
- Who is paying for the health insurance for the child
- How debts will be divided between you
It is important to note that in order to qualify for an uncontested divorce, you and your spouse must agree on all of these issues and your spouse must sign the paperwork that the attorney prepares. In addition, the attorney does not negotiate with your spouse or their attorney in this type of divorce. If there is even one area where you disagree, you will need to file for a contested divorce instead.
In this type of divorce the attorney is preparing legally enforceable paperwork based upon the agreement between you and your spouse and completing the court process to get your divorce finalized.
What is a Contested Divorce?
A contested divorce is a divorce in which the parties do not agree on all the terms and conditions of the divorce. This means that you and your spouse may need to appear in court in front of a judge to resolve the issues in dispute. The process of a contested divorce can be much longer and more stressful than an uncontested divorce, as it involves negotiating and possibly litigating the terms of the divorce.
Which Type of Divorce is Right for Me?
Ultimately, an uncontested divorce is always preferable to a contested divorce if it is possible. It allows both parties to move on with their lives more quickly, and it avoids the stress and expense of a lengthy court process. However, if you and your spouse are unable to agree on the terms of your divorce, a contested divorce may be necessary.
If you are considering a divorce in the Dallas area, it is important to seek the advice of a qualified attorney. The Blacknall Firm is here to help you understand your options and navigate the divorce process. Get started by scheduling a consultation.