Uncontested and contested: Which type of divorce is yours?
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Uncontested and contested: Which type of divorce is yours?
On Behalf of Kevin E. Sralla | June 26, 2024 | Blog
Many times, couples believe that they are in agreement with a divorce, and they have an “uncontested” divorce. However, once the uncontested divorce case moves forward, either side can change their mind and the case will quickly become a “contested divorce.” There are differences and nuances of “uncontested” divorces and “contested” divorces in Texas. Here are some things you need to know about these categories of divorce.
- Uncontested Divorce:
- Definition: An uncontested divorce occurs when both spouses agree on all the essential terms needed to end their marriage. These terms include property division, child custody, child support, debt allocation, and other relevant issues.
- Process:
- The couple collaborates to reach an agreement without court intervention.
- Typically, uncontested divorces are quicker and more straightforward.
- Legal proceedings are minimal, and the divorce can be finalized efficiently.
- Advantages:
- Cost-Effective: Since there’s no need for extensive legal battles, legal fees are generally lower.
- Less Stressful: Cooperation between spouses reduces emotional strain.
- Faster Resolution: The absence of disputes speeds up the process.
- Requirements:
- Both parties must be willing to work together and compromise.
- They should agree on all relevant aspects of the divorce.
- Contested Divorce:
- Definition: A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce.
- Process:
- Disputes require court intervention.
- Each party presents their case, and a judge makes decisions on unresolved matters.
- Legal proceedings can be lengthy and costly.
- Challenges:
- Time-Consuming: Court hearings, negotiations, and legal paperwork take time.
- Higher Costs: Legal fees, expert witnesses, and court appearances contribute to higher expenses.
- Emotional Strain: Contentious disputes can be emotionally draining.
- Common Issues in Contested Divorces:
- Property division disagreements.
- Custody battles.
- Disputes over child support or spousal maintenance.
- Debt allocation.
Remember that each divorce case is unique, and the choice between contested and uncontested divorce depends on individual circumstances. Seeking legal advice is essential to make informed decisions during this challenging process. Call Sralla Family Law PLLC at (210) 212-5656(210) 212-5656 for more information.
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Frequently Asked Questions
How Much Does A Divorce Cost In San Antonio?
A divorce case can cost anywhere from $2,000.00 to $10,000.00 and up in San Antonio. This price range typically varies based on the complexity of each particular case, the extent to which the matter is contested, the aggressiveness of the family law attorneys involved, whether a jury trial is requested and many other often unpredictable factors.
Where Do I Go For A Divorce?
If you hire a family law divorce lawyer, your lawyer will file your divorce petition electronically. If you are filing your divorce without the help of a family law attorney, you can do so at the Family Law Staff Attorney’s Office at the Bexar County Courthouse, 100 Dolorosa, San Antonio, Texas 78205.
How Much Does It Cost To File For Divorce In San Antonio?
A divorce without children typically costs around $350.00, while a divorce involving children typically costs about $401.00. These costs vary from county to county.
What Is A Spouse Entitled To In A Divorce In Texas?
Either spouse is entitled to a just and right division (roughly 50%) of the community estate and, in certain extreme cases, a disproportionate share (greater than 50%) of the community estate. This includes all assets acquired during the marriage, but does not include a spouse’s separate property.
How Do I Get A Divorce With No Money?
Getting a divorce with absolutely no money is difficult but not impossible. The party seeking to file for divorce can visit the Family Law Staff Attorney’s Office at the Bexar County Courthouse to obtain a packet of information to assist in preparing and filing the paperwork for starting a divorce case. The filing fee can be waived if the filing party prepares an affidavit of indigency declaring that he or she has no money. Another alternative is to seek free legal aid or the assistance of a pro-bono lawyer.
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While our attorneys are open to conducting phone and online consultations, we feel that our warm office environment is the best place to get to know you. We look forward to meeting with you face-to-face to make sure we understand every detail of your unique situation including interpersonal skills. So, call us today for a free 20-minute initial consultation and let’s get started on your family law issue.
To learn more about what our team can do to help you, give us a call at (210) 212-5656(210) 212-5656 or use our online contact form.
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Let Sralla Family Law PLLC guide you through your divorce with the care and dedication you deserve. Contact us today at (210) 212-5656 or send us an email for an initial consultation. Our divorce attorneys in San Antonio will help you turn the page to a new chapter in your life.