Is Your Divorce Contested Or Uncontested?
There are many misconceptions about the distinction between contested and uncontested divorce. Divorcing spouses often believe that their divorce is uncontested simply because they are not fighting. The reality is that a true uncontested divorce is rare, because an uncontested divorce is one in which spouses have already agreed upon every issue, including how property will be divided and what the parenting plan will look like. If even a single issue needs to be resolved, the divorce is contested, even if it is not contentious.
At Fabio & Merrill in Houston, our attorneys offer guidance in any type of divorce. Whether you are certain that your divorce is uncontested or you may have a few outstanding issues that you and your spouse need to reach agreements on, we can usher you through the process. Even if you and your spouse have not agreed on everything, the more that you do see eye-to-eye on, the easier the process may be.
If you know that your case is contested or if serious disputes arise along the way, we can serve as your advocates, working as aggressively as necessary to do what is right for you.
The Process For Filing An Uncontested Divorce In Texas
If spouses have mutually agreed to divorce, the process can actually be completed in as little as 60 days from the day of filing. This assumes, however, that all terms of divorce have been agreed upon.
One spouse (or his or her lawyer) will file the original petition for divorce and deliver a copy to the other spouse. In Texas, the couple must wait at least 61 days before a decree can be entered. After this time, one or both parties will appear in court with the agreed-upon decree of divorce that addresses all aspects of their children’s lives (if any) and their assets. At this point, the divorce decree will be signed by a judge.
Why An Attorney Is Valuable Even In Uncontested Divorce Cases
Even if you believe that your divorce will not be contested, it is critical that you speak with an experienced family law attorney to discuss exactly what this will mean for you, your future and your children. Most terms of the division of assets in a divorce decree cannot be altered after it is finalized. You do not want to make a costly mistake that can harm your future or your relationship with your children.
At Fabio & Merrill, we will review the agreements that you have made with your spouse and explain all possible implications of each term so that you fully understand how each one will play out. Our attorneys will help in drafting this agreement, fully protecting your interests.
If at any point you realize that you need to negotiate with your spouse on any term, we are equipped to represent you and protect the next chapter of your life.
Contested Divorces In Texas
The reality is that most divorcing spouses either have not agreed on everything or cannot agree on everything. Even those who believe they have reached agreements on everything tend to find that something important has been overlooked that still needs to be negotiated.
There are many ways to resolve a contested divorce. In those cases where spouses are willing to work together to reach agreements, negotiation may be an effective method. In some cases, mediation may be a valuable alternative dispute resolution option, and is required by nearly all courts prior to trial.
Sometimes, spouses simply cannot see eye-to-eye. In these cases, a more aggressive approach may be necessary. Our goal is to protect what is important to you, whether that is the family home, your business, your relationship with your children or something else. We are trial-tested and trial-ready. If your spouse is unwilling to meet in the middle or agree to your terms, we will go to trial and battle for your optimal outcome.