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Contested versus uncontested divorce proceedings in Texas

On Behalf of | May 11, 2021 | Blog, Divorce

If you and your spouse are facing divorce, you may wonder about the best way to go about it.

For some couples, a contested divorce is the only option. For others, uncontested or no-fault divorce is the most logical choice.

A contested divorce in Texas

Contested divorce is the most common method of ending a marriage. In the state of Texas, this usually occurs because the parties cannot agree on all aspects of the divorce, such as property division, child custody and child support. If you and your spouse fit this profile, the process begins when one of you files a petition for divorce with the court clerk. The other spouse then has 20 days to file a response. If you cannot resolve the points of conflict, the court will encourage you to try mediation. If this is unsuccessful, the next step is a trial.

Uncontested divorce basics

If you and your spouse can agree on all issues, you may find uncontested divorce appealing. This is a much simpler process that takes place outside of court. It is faster and less expensive than litigation. Because it is not as adversarial as a public divorce in court, there is also less stress, and it is easier on the children of the marriage.

Simple versus complex

If you have unresolved problems with your soon-to-be-ex, you may have to file a petition with the court and go through the contested divorce process. However, “the simpler the better” applies to the no-fault choice. With legal guidance, either of these options will prove to be the method by which you can end your marriage and move on. It is simply a matter of matching the process to the circumstances that led you and your spouse to seek a divorce.


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