Austin Divorce Attorney On Uncontested vs. Contested Divorces: The Basics Behind Texas Divorce Laws
Austin Divorce Attorney, Eric Willie
Ask any Austin divorce attorney what the one common question is and they’ll say “What’s the difference between an uncontested divorce and a contested divorce?” So what are the differences between the two types of divorce?
Uncontested divorce means that parties have reached agreements on every single issue including child visitation, child support, spousal support, division of assets and debt.
Contested divorce means that parties have not reached an agreement on one or more issues.
What To Expect In An Uncontested Divorce and What To Expect From Your Austin Divorce Attorney
The majority of uncontested divorces are seen as no-fault. This means both parties are not placing blame on the other. Your Austin divorce attorney will tell you that the plaintiff will state that both parties have irreconcilable differences perhaps because of personality conflicts or anything else that makes it difficult for the parties to work things out.
When a divorce is uncontested, both parties will sign documents that they agree to the split and file that document with the court. Your Austin divorce attorney will finalize your uncontested divorce at the end of a 60-day waiting period.
What To Expect In A Contested Divorce And How An Austin Divorce Attorney Can Help
Contested divorces generally take longer and are more expensive than uncontested divorces. Your Austin divorce attorney will tell you that this type of case involves discovery, a process in which both parties will have a chance to view the other party’s evidence with the hopes to narrow down the issues. Once this discovery period is over, a hearing will be conducted and decided on either by judge or jury.
The plaintiff in contested divorces tends to plead no fault or fault grounds for the basis of getting a divorce. It is imperative that you work with a qualified Austin divorce attorney to get this part right. Texas Family Code recognizes the following six fault grounds:
- Abandonment
- Adultery
- Confinement in Mental Hospital
- Cruelty
- Felony Conviction
- Living Apart
Requirements To Getting A Divorce
Regardless of what kind of divorce is being filed, An Austin divorce attorney can help you understand that Texas law stipulates that certain residency requirements are met. What requirements must be met?
1 – Either party needs to have been a resident of the state for six months before the divorce paperwork is filed.
2 – Either party must live in the county 90 days before the divorce paperwork is filed.
How To File For A Divorce In Texas-Selecting an Austin Divorce Attorney
It doesn’t matter what type of divorce you are filing (uncontested or contested), the first step in the process is to file a petition for divorce. Your Austin divorce attorney will file the petition in the county where your spouse lives.
Once this has been done, the petition must be served to the defendant by either a sheriff or private process server. After the defendant receives the notice, he or she must answer in within a certain period of time. If the defendant does not answer, Texas law forbids a default judgment from being automatically entered in the favor of the plaintiff.
If the plaintiff files their answer, the discovery portion of the case begins. Both parties will need to conduct depositions and use any legal discovery methods including requesting the other party to answer questions, produce documents that relate to the case, etc. This is where having the right Austin divorce attorney can really come in handy. You need someone who knows their stuff.
As you can tell from reading above, divorce is a complicated process regardless of whether or not your case is contested or uncontested.
The only surefire way to protect your assets and interests is to hire an experienced Austin divorce attorney. Your Austin divorce attorney will look over your case, recommend the right course of action and work close with you to see that you get the best possible outcome… considering the situation.
To find the best Austin divorce attorney today, call 512-478-0834.