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The rules of an uncontested divorce

On Behalf of | Jul 7, 2020 | Divorce |

Generally speaking, individuals in Texas and throughout the country can file for a divorce without their spouse’s permission. If the other spouse fails to sign divorce papers, a court will likely consider the divorce to be uncontested. This often means that he or she has 30 days to respond to a petition to dissolve a marriage, and if no response is received, the petition will be granted.

It is also possible that a hearing will be scheduled to review the matter. Of course, if the person who failed to respond to the petition fails to show up for the hearing, the request for a divorce will be granted. Individuals who are initiating divorce proceedings are encouraged to hire legal counsel to help with their cases. This may help them learn more about the process of ending a marriage in their area as well as protect themselves against claims made by the other spouse.

Those who are attempting to get away from an abusive spouse may wish to file for a restraining order. It is important for anyone who is trying to end a marriage to understand that doing so can be a stressful experience filled with conflict and drama. In some cases, individuals will refuse to sign divorce documents simply to extend the process of ending a relationship for as long as possible.

In a divorce settlement, an individual may be entitled to spousal support, child support or a portion of a couple’s joint property. This may be true whether a divorce is contested or uncontested. If a couple had children, a judge will need to create a custody order or approve a plan parents come up with on their own. The best interests of the child are the top priority when creating a custody arrangement.