Contested vs Uncontested Divorce in Texas: What’s the Difference? [2024]

When navigating a divorce, understanding the distinctions between contested vs uncontested divorce in Texas is crucial. These two types of divorce involve different processes and implications, and being aware of their differences can empower you to make informed decisions during this challenging time. By recognizing how each approach works, you can better assess your situation and choose a path that aligns with your goals and needs.

Contested Divorce

When spouses do not agree with each other on at least one material issue in the divorce, such as the division of property, child custody, or spousal maintenance, they will go through what is called a contested divorce.

This type of divorce typically takes longer to finalize and is more complicated than an uncontested divorce. Each spouse retains counsel, and the case typically follows a specific course of proceedings, such as discovery and mediation, to ultimately be resolved at a trial.

Key features of a contested divorce include:

• Lengthy Process: Since all disagreements need to be resolved through legal proceedings, contested divorces often take several months or even years to finalize.
• Higher Costs: Since contested divorces tend to go on for a longer period of time, the associated court costs, lawyer fees, and costs of expert witnesses can quickly add up.
• Emotional Toll: For spouses and any children involved in a contested divorce, the stress and emotional cost can contribute to a more conflicted and complicated process. Litigation adds to the conflict and can make it more difficult for the parties to remain civil towards one another after the divorce.

Uncontested Divorce

An uncontested divorce, on the other hand, is one where the parties agree on all terms, the division of property, arrangements with the children, and any other financial obligations. This makes it an easier and faster process than a contested divorce.

Key features of an uncontested divorce include:

• Streamlined Process: Both parties being in agreement means the divorce can be finalized relatively quickly. Once the required minimum waiting period after filing passes, a judge can sign the final divorce decree. It may take weeks or months for a divorce to be final, depending on the court’s schedule. This means that people wanting to move forward with their lives can do so.
• Lower Costs: Uncontested divorces are generally cheaper than contested divorces because they incur fewer legal fees.
• Less Emotional Stress: Uncontested divorces that are collaborative in nature can typically be less antagonistic than litigated, contested divorces. This can be beneficial as it enables the spouses to both move forward instead of being stuck in ongoing legal disputes and conflict.

Additional Thoughts to Consider

Aside from understanding the distinctions between contested and uncontested divorce, there are various important factors to consider. First and foremost, good communication should be prioritized when addressing different aspects of divorce, especially when children are involved. Establishing a defined parenting plan can help the family maintain order and stability.

There is also the disclosure of finances. You must know what assets and liabilities you have so they can be divided fairly. Be sure you are aware of your rights when it comes to spousal maintenance, possession and access, and conservatorship, as these can significantly impact your future. Finally, seeking legal counsel can provide guidance tailored to your specific circumstances, ensuring that you navigate the complexities of divorce with confidence.

FAQs

Q: What Are the Grounds for Divorce in Texas?

A: In Texas, divorce can be granted based on fault or no-fault grounds. No-fault divorce is the most common, allowing a spouse to file based on “insufferability,” meaning the marriage has become intolerable. Fault-based grounds include adultery, cruelty, abandonment, imprisonment, and living apart for three years. Each reason can impact aspects like property division and spousal maintenance.

Q: Can I Change My Name After Divorce in Texas?

A: Yes, you can change your name after a divorce in Texas. If you want to go back to your maiden name or choose a new name, you can request this change during the divorce. The court will include the name change in the final decree. If you want to change your name after the divorce is finalized, you may need to file a separate petition with the court. It’s essential to follow the process to ensure your change is recognized.

Q: How Long Does It Take to Finalize a Divorce in Texas?

A: In Texas, the divorce process has a mandatory waiting period after filing before it can be finalized. An uncontested divorce can usually happen fairly quickly, whereas a contested divorce can take much longer depending on issues such as custody and property division. Speak with a Texas divorce attorney to accurately determine how long your divorce may take to finalize.

Q: What Should I Expect During the Divorce Process?

A: The divorce process in Texas typically involves filing a petition, serving papers, and negotiating terms. In contested cases, discovery occurs, and unresolved issues may lead to court hearings or a trial. Understanding these steps can help you prepare for the emotional and legal aspects of divorce. For more detailed information, you should contact an experienced divorce attorney.

Contact a Texas Divorce Attorney

Understanding the distinctions between contested and uncontested divorce in Texas is critical for making sound decisions during this difficult period. Contested divorces involve disagreements about important topics and frequently result in lengthy legal battles, whereas uncontested divorces allow couples to end their separation more quickly and calmly.

Important criteria for an efficient divorce process include excellent communication, developing a solid parenting plan, and guaranteeing total financial disclosure.

Our firm aims to provide personalized legal services that fit your specific needs. At Vaught Law Firm, P.C., we understand that every client’s situation is different and that Texas divorce law is complex. If you are thinking about filing for divorce, are at risk of losing your children in a divorce, or are dealing with other issues involved in an uncontested or contested divorce, consider scheduling a consultation with our firm. We can help you get through this difficult time and move forward with your life.