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What is the Difference Between a Contested or Uncontested Divorce in Texas:

Contested Divorce (Spouse Disagrees) (Higher Cost)

  • If you and your spouse argue rather then come to any kind of agreement, you and your spouse will have to appear in court so a judge can decide your fate.
  • Texas also has juries in divorce trials.
  • Most divorce trials aren’t long, drawn out affairs like trials you may have seen on television. Many take a day or two, or even just a morning.
  • Contested divorce cases take a huge emotional toll on you, your spouse, and certainly your kids, not to mention your bank account.
  • Though your trial may be short, the divorce process itself will take longer to complete (e.g. 6 to 9 months).

Uncontested Divorce in Texas (Spouse Agrees) (Lower Cost)

  • If you can make this happen it’s the best choice for you, your spouse and your kids.
  • Uncontested divorce is when you and your spouse work together to agree on the terms of your divorce.
  • Your uncontested case is “agreed” if you and your spouse agree on custody and how to divide your property, your spouse has signed a waiver, and your spouse agrees to sign your Agreed Final Decree of Divorce.
  • There is no formal trial, and you will only have to appear in court one time.
  • The judge will usually approve a settlement agreement unless it’s clear that the terms are completely unfair to one person or were arranged when one person was under duress.
  • Takes less time to complete an uncontested divorce (i.e. 61 days) and will cost less money.

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