If you are unsure if you divorce in Texas is contested or uncontested, take a look at the six questions below.
1. Do you and your spouse know who is keeping the home?
2. Do you and your spouse have a plan for splitting all bank accounts and retirement accounts?
3. Do you and your spouse agree where the children’s primary residence will be established?
4. Do you and your spouse have a schedule in place for your children that covers holidays?
5. Do you and your spouse know how much each of you will be paying in child support and/or spousal support?
6. Do you and your spouse agree on who will carry medical and dental insurance for your children?
If you answered YES to ALL of these questions:
Then you may have an uncontested divorce matter. Uncontested divorces are those where the parties are in agreement on all matters and just need an attorney to facilitate the agreements. In Texas, uncontested divorces can be filed and finalized in as little as 60 days.
If you answered NO to ONE or MORE of these questions:
You may have a contested divorce matter. Unfortunately, when there is one aspect the parties do not agree on, it can cause complications for any other areas where an agreement may have otherwise been established, making the divorce contested.
Contested divorces do not mean that one spouse does not want the divorce. It means that one spouse does not agree to the terms of the divorce the other spouse is proposing. This is the time that the judge or a mediator may need to get involved.