In Texas, divorces are generally referred to as either contested or uncontested. While both will ultimately end in dissolution of the marriage through the court’s system, the process is different. The question of which version is right for your divorce is best discussed with a competent, knowledgeable attorney who regularly practices in family law. However, here are some general considerations to take into account.
- “Uncontested” typically means that there is little to no argument. In Texas, it means that the parties—the spouses seeking the divorce—have either agreed or are working on an agreement on the major questions at issue, including child custody, child support, and property division. Uncontested divorces are particularly useful if there are no minor children involved and the marital assets or property are not too complex. One of the key benefits of an uncontested divorce is that the process can be significantly shorter: it just has to be on file for the requisite amount of time: 60 days from the date of filing.
- A “contested” divorce is where the parties cannot agree about custody, child support, and property. Among these are divorces with high assets including retirement accounts, businesses, multiple homes, stocks, etc. These kinds of divorces require an experienced attorney to methodically and meticulously help identify, characterize, and value assets.
- It usually takes longer for contested divorces to as there are more issues to identify and address. If there are minor children, issues dealing with private school, daycare, international travel, counseling among many others may arise and need to be addressed.
Whatever route you decide is best for you and your family, that decision should be made only after consulting an attorney who is familiar and well-versed in Texas family law including divorces, custody, and property matters. Clearly, this is a snippet of the possible issues that may arise during a divorce so we strongly recommend you consult with an attorney. Papa Dieye is experienced in family law matters in Texas, and is ready to help you. Contact our office today to get started.