How Uncontested Divorce Differs From Contested Divorce
No couple out there ever wants their marriage to end. Unfortunately though, divorce is an ongoing dilemma that our country faces day after day that affects millions of people’s lives. Whether a divorce happens through the fault of one spouse, or the marriage just becomes unstable due to finances or constant fighting, everyone in the family is affected. Children usually have it the hardest, being caught up in disputes involving the custody, visitation rights, as well as child support issues.
Contested divorces are the most complicated, as they have to be resolved in court through each of the spouses’ respected attorneys, since the couple themselves cannot come to an agreement on settlement. These cases are usually the most costly, can take the longest amount of time, and can even end up going to trial before a family court judge. Because of this, most people tend to go with what is called an uncontested divorce.
In an uncontested divorce, both parties can reach an agreement on the issues such as alimony, division of property, child custody, and visitation rights, as well as child support (if there are children involved in the divorce). This proceeding saves both spouses a lot of time, money, and stress.
In an uncontested divorce, only one lawyer is needed, since both sides have nothing to fight about. This alone can save a lot of money. Upon becoming appointed to his or her respected client, the attorney then prepares and files the divorce petition. Next, the waiver of citation is drafted. The waiver is a paper acknowledging that he or she has received the divorce petition and does not need to be officially served. Then, the attorney drafts the divorce decree. The lawyer then accompanies the husband or the wife to court to get the divorce approved by a judge.
Once the petition is filed and the citation is signed by the receiving spouse, the final divorce decree is prepared, and then signed by both sides. There is a 60 day waiting period for divorce, meaning that the divorce cannot be granted until 60 days after the petition is filed.
In the final step, the husband or the wife accompanies the lawyer to court to get the judge to approve the divorce and sign the final decree. Only one of the spouses has to be present for this type of divorce. Once the decree is signed by the judge, the divorce is now official.
Contact an Austin divorce attorney at the Duke Firm in Austin, Texas, we represent all people who need counsel going through any type of divorce. If you are faced with a divorce, call the Duke Firm at 888-314-5720, or complete our quick contact web form.
