Divorce is a complicated matter and can be mentally taxing. We at The Law Offices of David Kohm aim to simplify the process and ensure you the information you need. We’ve created a list of important questions to help you gain a general understanding of what getting a Texas divorce entails.

Is it a Contested or Uncontested Divorce?

It is important to know the difference between these two kinds of divorce in Texas. Are both parties in agreement on the divorce and its terms? If so, it is uncontested. A divorce can also be considered uncontested if there has been no answer filed by the person who is served the divorce papers.

However, if there is a disagreement on any of the terms, then it is contested. Disagreements could include how to split your debts, assets, child custody, or the divorce itself.

How are Contested Divorces Handled?

In Texas, if a client wishes to file for a contested divorce, it is because they are claiming either an at-fault basis given by a statute or a no-fault basis of no support. A contested divorce is often more difficult and costly, and the end result will be determined in court by a judge if no agreement is made between the two spouses. Many couples will decide to attempt reaching an agreement in order to avoid the court deciding the outcome.

How are Uncontested Divorces Handled?

As mentioned, an uncontested divorce is the result of the two involved parties agreeing to a settlement, or the respondent not filing an answer to the divorce papers. After the respondent is served the papers, he or she is given twenty days from the first Monday following the date of service, to respond. If the respondent does not do this, the divorce will be granted by the court no earlier than the 60th day after the petition was filed.

If a settlement needs to be reached, i.e. the divorce starts as contested but the involved parties do not want the court to decide the end result, then the spouses will work with their attorneys in order to reach an agreement. This is often done in an informal settlement conference or mediation. divorce settlement conference. Once a settlement is reached, a Final Decree of Divorce is drafted, a short hearing is conducted and the judge will sign the decree and finalize the case.

What are the Basic Requirements of Filing for Divorce in Texas?

If you are filing for a divorce, contested or not, it is necessary that you have lived in Texas for at least six months prior to doing so. You must also have lived in the county in which you are filing for ninety days.

In Texas, there are accepted grounds for filing for both fault and no-fault divorces. It is important to know what these are. One or more of these grounds must be claimed in the petition for divorce for the divorce to be granted by the court.

An Experienced Texas Divorce Attorney will Ease the Process

Divorce is a complex and often painful process. Our divorce attorneys at The Law Offices of David Kohm in Dallas are knowledgeable and have had many years of experience in legal representation. Our dedicated team can guide you through the process and help you attain the best possible resolution.

We will always look out for your best interest and will give you the support you need during this difficult time. A divorce is not something you want to go through alone; we can help.

Contact us or call our David S. Kohm and Associates Arlington & DFW Family Law attorneys for a FREE consultation.