What is uncontested divorce
An uncontested divorce is when both spouses agree upon all issues of the divorce including, but not limited to, the grounds for the divorce, custody and conservatorship of children, child support, visitation rights and division of the marital property and assets.
The decision to file for divorce is never an easy one to make; however, sometimes it may be the right decision for you and your children. If your divorce is uncontested, we offer you a quick, convenient and inexpensive way to start your divorce online. Once you have completed the questionnaires below, a licensed attorney will contact you within 24 hours.
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What does an Uncontested Divorce Mean?
Certain terms can cause confusion and lead even simple, legal processes to appear unclear and overwhelming. This article is designed to explain what uncontested divorce means and what contested divorce means in straight everyday language. Hopefully, you will obtain a better
understanding of what is meant by no fault divorce in Texas. Why is an understanding so important? Understanding the meaning of these terms is critical if you are facing divorce and trying to understand what type of divorce you have and how an attorney might view the complexity of your divorce. However, this article is not exhaustive of the topic of uncontested divorces. If you have questions once you finish reading the article, contact The Dorsey Law Firm to speak to a license attorney who will address your questions.
First what makes a divorce uncontested? When the parties in a divorce have reached an agreement or are of the same mind on ALL the issues in a divorce, their divorce is without contest or disagreement.
Let's take a couple of the issues one by one:
One factor necessary in a truly uncontested divorce is that both spouses have an agreement or a shared, unwaivering understanding that it is time to end the marriage and file a divorce. Simply put, both spouses agree the marriage is over
and it's time to be divorced. I have included what you may think as an obvious or duh statement. But there are some marriages where one of the spouses is contemplating divorce and one of the spouses just isn't ready to be divorced.
Yet, one of the spouses just doesn't want to be divorce and is planning to do all in his/her power to slow down the process or convince anyone who is willing to listen how the marriage is worth saving. Your divorce is NOT uncontested. You are not in agreement on the most basic part of the divorce, whether or not the divorce should be granted. In a truly uncontested divorce one spouse is more than willing to sign a waiver of citation before a notary attesting that they know they have a right to be served, file an answer, and receive future notices of court settings, but they chose not to exercise the right and instead give it away or waive the right.
The Divorce itself.
Critical Question(s): Do both spouses want to be divorced? Is one spouse willing to sign a waiver of citation AFTER the divorce has been filed?
All the way down to the bedroom furniture and picture of the cat hanging over the mantle, the parties must be in complete agreement as to how ALL personal property will be divided. Anything less than a complete agreement and your divorce is contested. In an uncontested case, parties frequently have already divided the personal and real property. The husband and wife are merely asking the court to award each of them the property already in their possession.
Personal and Real Property:
Critical Questions: Do both husband and wife agree how real and personal property should be divided?
You may still have questions related to your particular facts. Contact the Dorsey Law Firm by e-mail or telephone to speak with a knowledgeable professional. If you find this article helpful, you may also want to read related articles:
Where should I file my divorce?
What paperwork do I need to file to get an uncontested divorce in Texas?
What happens to the property I owned before we got married?
How To Compute Child Support (Texas)
Veronica Dorsey and the Dorsey Law Firm's accepts uncontested cases in Harris County, Fort Bend County, Galveston County, and Brazoria County.
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