What Is The Difference Between A Contested And An Uncontested Divorce In Texas?
Description: The Attorneys at Hardy Law Group, PLLC. explain,
A contested divorce is a typical divorce, where the spouses disagree on any aspect of the divorce. It’s the most common type of divorce involving lawyers. Common areas of disagreement are custody, child support, and property division. The parties can come to an agreement through the help of their attorneys, through mediation, or by having a trial and presenting the case to a judge to make a final decision. A contested divorce going to trial will involve exchanging discovery, hearings, and other typical aspects of litigation.
An uncontested divorce is when both spouses agree on every single aspect of the divorce, including custody, possession, child support, and property division. Usually, one party will retain an attorney to file the petition and draft a final divorce decree. The other spouse has the option of hiring an attorney. If they do, then it’s really not an uncontested divorce. The other spouse has the option of being served personally or filing what’s called a waiver of service, which dispenses with the need to hire a process server. If at any point during the divorce, one spouse disagrees on any aspect of the divorce, then the divorce is no longer considered contested.
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