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Understanding contested and uncontested divorce

On Behalf of | Sep 20, 2023 | Divorce

Most married couples know that there is a process they can go through to divorce if they are unable to make the marriage work. They may not know, however, that in Texas there are two main types, contested and uncontested divorce.

Understanding the difference

The main difference between a contested and uncontested divorce is the extent to which the spouses agree on issues.

In a contested divorce, the spouses may disagree on major issues, like child custody, child support, spousal support or property division. This type of divorce may take longer because the spouses may attend multiple court hearings to resolve their issues. This can also be more costly.

The judge makes decisions for the spouses in a contested divorce, and they are required to follow the court order.

In an uncontested divorce, the spouses agree on all major issues, and they may be able to complete the divorce faster because there are fewer court hearings. If the spouses create a settlement agreement and submit it to the court, the court will review it and if it finds that it is fair, it will issue a divorce order.

Divorce process

In Texas, at least one spouse must have resided in the state for at least six months before filing for divorce. The spouse who is initiating the divorce must complete a petition that includes information such as the spouses’ names and the grounds for divorce, then file it with the court.

Once the other spouse receives notice, they will respond to the petition. Both spouses must provide financial information, including their assets and debts. The court order will address child custody and child support, property division and spousal support.