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Uncontested Vs. Contested Divorce

San Antonio Uncontested Divorce Attorney

Helping Texas Couples Make It Through All Types of Divorce

Divorce is rarely an easy process; however, some couples do have an easier time splitting up than others. For this reason, the state of Texas allows married couples who have decided to call it quits to file for an uncontested divorce.

If you need help determining if you can file for uncontested divorce, rather than a contested divorce, The Knowlton Law Firm can help. Our San Antonio uncontested divorce lawyer understands the legal processes required for both and can help you navigate the process with confidence and ease. Whether you and your spouse are in agreement regarding the terms of your divorce or you are dealing with a combative or absent partner, our firm possesses the knowledge and tools necessary to resolve your case.

Call (210) 361-6990 or contact a San Antonio uncontested divorce lawyer online to set up your free and confidential consultation. We are available to discuss your case in person, on the phone, or via Zoom.

What Is the Difference Between Uncontested & Contested Divorce?

There are three major differences:

  • Whether you and your spouse agree concerning the terms of the divorce,
  • How much time the divorce will take to finalize, and
  • Whether you can appeal the court’s decision.

Because both partners agree in an uncontested divorce, the process is far more streamlined.

Can You Get a Divorce Without Going to Court?

Yes, you may be able to get divorced without ever having to go into a Texas courtroom.

In an uncontested divorce, for example, you can have your attorneys file your divorce papers with the court on your behalf. You may need to make a single courtroom appearance for the judge to sign these papers, but it is possible for the judge to finalize the divorce without you there if the agreement is fair and straightforward.

So even if you must go to court for an uncontested divorce, you will spend significantly less time in court than couples who go through the contested divorce process.

Keep in mind that if your divorce is contested, you will need to go to court.

Appealing a Divorce Decree in Texas

If you are unhappy with the court’s decision regarding your contested divorce, you can file an appeal. Uncontested divorces typically do not allow appeals; however, you can modify certain conditions of your divorce should you or your former spouse later go through a significant life change and realize part of the agreement no longer works for you.

Let’s take a more in-depth look at the requirements and specifics of each below.

When Can You File for an Uncontested Divorce in Texas?

When you and your partner have decided to split up and the decision is mutual, you may qualify for an uncontested divorce. An uncontested divorce is a far less contentious and costly alternative to traditional divorce court.

Uncontested divorce is the way to go if you and your spouse essentially agree on all issues. Couples who wish to file for an uncontested divorce must meet certain criteria, including:

  • Both partners agree to end the marriage,
  • Both partners agree on the reason or “grounds” for the divorce,
  • You and your spouse agree on how to divide your property,
  • You and your spouse agree on child custody and support, and
  • Neither spouse has an open bankruptcy case.

If you and your spouse qualify and are both willing to proceed with an amicable divorce, the uncontested and agreed separation processes are far simpler than traditional divorce. You and your partner will be required to sign the Agreed Decree of Divorce. Then, one of you will likely attend a hearing before the judge, at which time your divorce is finalized. That’s it!

You and your spouse will still have to work out who gets what when it comes to the assets you share, which can be a time-consuming and meticulous process. For this reason, choose to consult with a local San Antonio uncontested divorce lawyer who can help you ensure everything is divided fairly, done correctly, and you are not tricking yourself (or being tricked) into taking less than you need or deserve.

When Contested Divorce is Your Only Option

If you and your spouse cannot come to a mutual agreement on major issues such as property division, spousal support, child custody, or even whether you should get a divorce in the first place, the process is sadly not as straightforward.

To file for a contested divorce, you are required to name the grounds for the divorce as well as show proof supporting those grounds. (In an uncontested divorce, couples usually separate on the catch-all grounds of “irreconcilable differences.”)

In Texas, grounds of divorce include:

  • Insupportability
  • Cruelty
  • Conviction of felony
  • Abandonment
  • Living apart
  • Confined in mental hospital

In some cases, one spouse does not wish to get divorced at all and will be against the process entirely. Fortunately, Texas does not require that couples stay married when one member wants to end the union; however, hurdles such as this are what can make the contested divorce process take significantly longer than an uncontested divorce.

Get a Free Consultation to Know How to Move Forward with Your Divorce

We understand that divorce is never an easy process, regardless of which route you take. Fortunately, you do not need to shoulder this burden alone. We will be by your side throughout the duration of your divorce to provide the representation, counsel, and support you need.

By working with our firm to finalize your divorce, you will be able to choose the path that works best for you with an innovative and effective lawyer with your best interests in mind at your side. Our legal team will review your case from all sides to ensure you are receiving comprehensive and beneficial results.

Contact a San Antonio uncontested divorce attorney online today to learn more during a free, no-obligation legal consultation. 

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