Sometimes, a marriage has run its course, and there is no other choice but to legally end it. Texas law recognizes two different paths for this process: contested and uncontested. The main difference between them is based on agreement. However, even the most harmonious and peaceful of divorces requires strict compliance with Texas laws to ensure the final decree is valid.
Uncontested divorce
This happens when both parties agree on all issues, including dividing property, allocating debt, and child custody. In Texas, this is often called an “Agreed Divorce.” Although this route is quicker and less costly, you must still adhere to the 60-day waiting period mandated by the Texas Family Code. After drafting the paperwork and completing the waiting period, a judge can approve the Final Decree of Divorce.
Contested divorce
If during the separation process there is a disagreement on even one issue, this is considered a contested divorce, and will involve some steps:
- Discovery: A formal exchange of financial records and evidence
- Mediation: Often required in Texas counties, where a neutral party aids in resolving disputes
- Trial: If mediation doesn’t succeed, a judge (or sometimes a jury) will make the final decisions
In contested cases, strong guidance is essential for handling intensive discovery and courtroom proceedings. But in uncontested cases, a small mistake can result in a series of long legal hurdles. In any case, you can talk to a lawyer that is well versed in divorce proceedings, so this process can be as smooth as possible.