Uncontested Divorce
Not all divorces are going to be contentious. Not all divorces are going to be a fight. In fact, some couples just know that ending their marriage as soon as possible while avoiding court is the best answer for them.
The Denis Law Group has extensive knowledge in uncontested divorces in San Antonio. In Texas, divorces can be classified as either uncontested or contested, and the differences between them are significant in terms of legal proceedings and outcomes.
An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of their marriage. This can include matters such as:
- Division of property and debts
- Child custody and visitation
- Child support
- Alimony (spousal support)
Key Features:
- Faster Process: Since there are no disputes, the process is usually quicker and can often
be resolved without a trial. - Less Costly: Uncontested divorces typically require fewer legal fees, as there is less
negotiation and fewer court appearances. - Simplicity: The paperwork and procedures are generally simpler, and in many cases, the
couple may not even need to appear in court. - Written Agreement: Both parties usually sign a “Marital Settlement Agreement,” which
outlines their agreement on all terms.
Legal Process for an Uncontested
- Filing for Divorce: The process begins with one spouse filing a divorce petition.
- Waiver of Service: This is a document that the receiving spouse will fill out that waives their right to be served the original petition of divorce.
- Service: This is done when the receiving spouse does not want to waive their right to be served.
- Response: The other spouse must respond within a specified timeframe. In uncontested divorces, this is often a simple acknowledgment, while in contested divorces, it could lead to further legal actions.
- Negotiation: The parties negotiate terms before reaching court.
- Final Decree: For uncontested cases, once both parties agree, the court will typically approve the agreement and issue a final decree.
Choosing between an uncontested and contested divorce in Texas often depends on the dynamics of the relationship and the willingness of both parties to cooperate. Uncontested divorces can lead to a smoother transition for both parties, especially when children are involved.
We understand that every divorce is unique and deserves the attention of a seasoned lawyer who ensures not only an efficient but fair path forward. Contact the Denis Law Group today to ensure the job is done right the first time.