Contested or Uncontested?
Texas family law allows divorce on several grounds, including cruelty, adultery, felony criminal conviction, abandonment, and insupportability. Either party must meet the Texas residency requirements before filing for a divorce in the state of Texas. One spouse must file the Original Petition for Divorce with the court and the other party may file an answer or a counterpetition. The parties may agree to the terms of the divorce and proceed on an Uncontested Divorce. If the parties do not agree on all the terms of the divorce it will be considered as a Contested Divorce. Some matters that may need to be settled between the parties in the divorce include property division, spousal support, child custody, child support, and more.
A Contested Divorce might involve a request for temporary orders to maintain the status quo while the case is pending before the court. The parties may settle before the trial or may undergo compulsory mediation to reach an agreement, then the agreement will be filed before the court. Should mediation fail, the case will continue to trial. Once the issues in the divorce have been settled upon, one of the attorneys involved will prepare a final decree of divorce, which must be granted and signed by the judge.
The minimum waiting period from the filing of a petition to the finalization of a divorce is 60 days. The length of the total divorce procedure may vary according to the circumstances of the case, a Contested Divorce may take longer than an uncontested one, and the existence of children may affect the length of the process. Such factors may cause the divorce process to range anywhere from a few months to a year, or possibly more if couples are having difficulty coming to an agreement.
Legal representation is not required but very crucial to the outcome of a divorce case. An attorney will complete the necessary legal procedures in a timely and competent manner. An attorney can advocate on behalf of the client to ensure that the client’s best interest is reached.
At the Law Office of Ify Ononogbu, we put our clients’ needs first. We are committed to understanding our clients’ circumstances and ensuring that they receive the highest quality representation possible. Our Law Office is experienced in complex divorce cases and ensures that our client receives the best possible outcome in their divorce cases.