Divorce - Contested
A court can grant a divorce based on no fault grounds, fault grounds or both. A no-fault divorce is based on a find
that the marriage has become “insupportable because of discord or conflict of personalities that destroys the legitimate
ends of the marriage” and that there is on reasonable hope of the parties reconciliating. Fault grounds that are
recognized in Texas include conviction of a felony, cruelty, adultery, and abandonment.
A court cannot grant a divorce in Texas for 60 days from the date of filing. The 60-day waiting period must occur even if the parties agree to all the terms in a divorce. A divorce is a form of a lawsuit. It can be settled in one of two ways – a settlement or trial.
What is the Divorce Process?
In general, the steps in a divorce as follows:
1. An Original Petition for Divorce is filed. This petition identifies the parties, if there are children involved, what
the overall situation is and the reason(s) for the divorce.
2. The opposing party is served the divorce.
3. An Original Answer for Divorce is filed by the opposing party.
4. Sometimes it is necessary to have a Temporary Orders hearing. This is a process that will put a Temporary Order in place through out the process of your divorce.
5. Sometimes it is necessary for discovery to occur in a divorce. Discovery includes the disclosing of the facts of the case, disclosing assets, gather bank accounts, retirement accounts, other financial accounts and other documents as requested. This is a very overwhelming process, but it is sometimes a very necessary part of your divorce.
6. Inventory and Appraisements are filled out. This is the financial picture of your lives together. Typically, six months of financial documents are to be provided and exchanged with the other party.
7. Mediation is where the parties have a chance to negotiate the possession and access of the children and the property divorce of their divorce. This is done with a neutral third party known as a mediator. Mediation is binding and irrevocable.
8. If mediation fails or if all the matters were not negotiated in mediation, litigation in front of a judge may be necessary.
What is the difference between a contested divorce and uncontested divorce?
An uncontested divorce happens when both spouses agree to all the terms of the divorce. There are no arguments, typically no need for mediation or hearings. The parties agree to the possession and access of the children, the parties agree to the property division and work together to sign off on the final decree of divorce.
Contested divorces are when two spouses do not agree to the terms of the divorce. The parties are fighting over possession and access of the children, and how the property division will occur. Sometimes court hearings are required, mediation is required or third-party professionals such as child custody evaluators are needed to help resolve the issues of the divorce.
You are about to go through a very big change in your life. Your family is about to go through a big change. This change does not have to be for the worse. Heather Hudson listens to your needs, understands your wants, and is dedicated to help you through this very stressful time. You will experience various emotions through this process. This is normal and part of ending a marriage.
Most divorces end in settlement. We take the time to understand your situation and are very considerate of your feelings as you process this divorce. We will not push you to do something you are not ready for and will offer supportive legal advice for you to make the best possible decisions through out your divorce.
Ms. Hudson is an award-winning attorney who is dedicated to protecting your rights.
Contact us today to schedule your consultation.