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Contested Divorce Vs. Uncontested Divorce

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A contested divorce is when one spouse fights the other spouse in court, usually based on finances. On the other hand, uncontested divorce is when both spouses agree to end their marriage, and they only need to work out things like child custody or shared assets. In uncontested divorces, you might not always need to hire a divorce lawyer for men houston if your spouse already has hired one. Only one of the parties needs an attorney in an uncontested divorce, and only the filing spouse has to present in the court for trial.

In a contested divorce, both parties are involved in the process of negotiating a settlement. This may be difficult for people who have been separated from their partners for a long time. The other option is an uncontested divorce, which does not involve any negotiations, and the couple just files jointly for divorce. Uncontested divorces can be easier to go through because there is not as much stress on the family.

When Can You Choose an Uncontested Divorce?

Choosing an uncontested divorce is a decision that should be carefully considered. An uncontested divorce generally occurs when both parties agree on how property will be split and all custody arrangements, such as child support and visitation privileges. An uncontested divorce can take place very quickly, especially if the divorcing couple has no children and property to divide. They can file their own paperwork and will be divorced in less than a month.

You can undergo an uncontested divorce only if both spouses meet the following requirements:

  • Both parties agree to be divorced.
  • Both spouses mutually agree to all issues, including property division and child custody.
  • In uncontested divorces, only one party can have attorneys. Moreover, the filing attorney might have to present for the final trial in the court. Therefore, it is essential to mutually agree on who will hire an attorney and present in the court for the final trial.
  • Both filing and non-filing spouses voluntarily sign all the papers and agreements.
  • Have assets of less than $75,000.
Contested Divorce Vs. Uncontested Divorce

When Can You Not Choose an Uncontested Divorce?

Here are some instances at which you cannot choose an uncontested divorce:

  • Any of the spouses don’t agree to divorce.
  • You are not sure about the assets and debts you and your wife have.
  • Both parties or one party doesn’t agree to a standard child custody agreement.
  • You and your spouse are involved in an ongoing bankruptcy case.
  • When your spouse wants to file specific grounds such as cruelty, assault, or adultery for divorce.

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