What Is the Difference? Do You Still Need Legal Counsel for an Uncontested Divorce?
To legally end a marriage in Texas, you must file for divorce. Your divorce may be very much like your marriage, with conflict and controversy. Conversely, you may both be ready to be done and be willing to forego a protracted dispute in an effort to move forward. In Texas, a divorce may be contested or uncontested.
What Is the Difference Between a Contested and an Uncontested Divorce?
It’s relatively straightforward—with a contested divorce, there are matters related to custody, child support, or property (both what you own, like a house or retirement fund, and what you owe, like loans or credit card debt) upon which you cannot agree. Accordingly, you’ll need the court to get involved to help you reconcile your differences. With an uncontested divorce, you have no material disagreements about any issues related to the dissolution of your marriage. You agree about who will have custody, whether or not child or even spousal support is necessary, and how marital debts and assets will be allocated.
It’s important to understand that an uncontested divorce is not the same thing as a “no-fault” divorce. In every divorce proceeding in Texas, the party filing for divorce must identify the “grounds” for the divorce. That may include specific actions by a spouse that led to the divorce, such as marital infidelity, abandonment, extreme mental cruelty or waste of assets. However, you can also seek a divorce when the reasons are less clear, when you have just grown apart. In those instances, you must still state grounds for the divorce, but the reason may simply be “insupportability,” i.e., that the marriage is just no longer working—another way of saying “no-fault.”
How Does an Uncontested Divorce Look Different From a Contested Divorce?
In both instances, one party must file a petition with the court, and it must be served on the other party. With a contested divorce, your spouse must answer, denying some or all of the allegations of the petition, or be defaulted. In an uncontested divorce, the party receiving this probably will not challenge its assertions.
In a contested divorce, once the petition and answer have been filed, the parties will commonly go through a “discovery” period, where they gather evidence to support their claims, and inventory their assets and debts like a business. There’s typically little need for discovery in an uncontested divorce.
In a contested divorce, the parties may try alternative means of dispute resolution, like mediation, or may go to trial. In an uncontested divorce, because there is nothing in dispute, the judge generally signs the divorce decree once the statutory waiting period is over.
Do You Need an Attorney in an Uncontested Divorce Proceeding?
Though you might be able to complete the necessary paperwork on your own, it’s likely in everyone’s best interests to have at least one attorney involved, who can only represent one of you (but often works cordially for your mutual agreement). That ensures that all documents are accurately and timely filed and that the terms of the divorce decree are consistent with the understanding of both parties and Texas law.
Contact The Loftin Firm for Experienced Divorce Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, attorney Loftin has been on all sides of most types of divorce and family law matters. We can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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