WHAT IS THE DIFFERENCE BETWEEN A CONTESTED AND UNCONTESTED DIVORCE ?

Most divorces start out as an UNCONTESTED DIVORCE. An Uncontested Divorce includes all of the following:


  1. Only one (1) party is filing it (i.e. husband or wife).
  2. Only one (1) lawyer will be used, but that lawyer can only represent one party (i.e. husband or wife).
  3. The parties AGREE that they want a divorce.
  4. The parties AGREE on who will be the primary person that the children will live with, if there are any children.
  5. The parties AGREE on a visitation schedule or that visits will be Standard Visits provided in Texas.
  6. The parties AGREE on the amount of child support on a monthly or weekly basis.
  7. The parties AGREE on distribution of personal property (i.e. who gets what). But if it's Real Estate that's EXTRA.
  8. The parties AGREE on the distribution of their assets and debts (i.e. who pays what bill).
  9. No Temporary Restraining Orders, Protective Orders or Temporary child Support orders are necessary since everything is agreed.
  10. Last page of Decree will be signed by both parties, but the WAIVER OF CITATION must be signed by the Non-Filing party in front of a Notary.

**** If just ONE of these items is either missing or in contest then you likely have a Contested Divorce situation, which cost a lot more money, requires service of process on the non-agreed party, requires a Temporary Order hearing to protect personal and property interest, receive child support, and keep the peace.

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