Sugar Land couples who wish to end their marriage have a number of options when filing for divorce. The divorce process depends on the basic form of divorce that will be pursued. The Duke Firm, PC outlines some of the options to file for divorce in Sugar Land.
Options for divorce in Sugar Land include:
- Uncontested – Both parties agree to the conditions and settlement of the divorce. No litigation is pursued.
- Contested – Both parties disagree as to the terms of the divorce, and litigation will be pursued.
- Collaborative – Both parties disagree to the terms of the divorce, but look to a negotiated settlement with the help of lawyers in a collaborative process outside the courtroom.
Filing an Uncontested Divorce
To file uncontested divorce in Sugar Land, the process involves one of the pair filing a divorce petition at a court in the county of residence. Once filed, an additional “waiver of citation” is filed. This indicates that both parties are officially aware of the divorce, and there is no need for official notification. A waiting period commences of at least 60 days. Following this, both members of the former couple come before a judge. The judge reviews the divorce petition, asks a few questions, and has the individuals sign the divorce decree. The couple is then divorced.
Filing a Contested Divorce
To file contested, the individuals go through a lengthier process. The contested process involves one of the parties filing a divorce petition in the court of the county of residence. The other partner is notified officially by a sheriff or similar official individual in a “service.” Once the proceedings are underway, both sides have a period of discovery, in which evidence is gathered. Couples have a chance to negotiate a settlement or utilize mediation prior to the trial. If settlement is not reached, a trial ensues. The judge arrives at a decision. Divorce papers are signed.
To file for a collaborative divorce, a divorce petition is filed and notice is served. Rather than litigation, however, both members of the couple agree to negotiate a settlement, utilizing their lawyers, in a collaborative process outside the courtroom. Prior ground rules are set and agreed to. Sworn inventories of assets are provided. Negotiation ensues, and a detailed summary of negotiated conclusions is provided. This is used toward the ultimate granting of the divorce.
Benefits and Drawbacks of Divorce Options
There are benefits and drawbacks to the different divorce options. For example, though uncontested divorces may be smoother, one partner might feel bullied and not fairly compensated. Contested divorces do allow for outside decision makers, but the process is highly contentious and painful. Collaborative divorces may be more civil, but again, there may be issues of power and control that are best resolved in court.
Sugar Land Divorce Attorneys
All forms of the divorce process in are facilitated by the expertise of our Sugar Land divorce lawyers. They can help with information, guidance, and correct legal procedures. They can help with negotiations, or with litigation. They can make sure that your needs are represented.
The Duke Firm has been providing leadership, efficiency, and effectiveness in Sugar Land legal services for divorce. We are widely known and respected for extreme competence and strong customer service. For a free consultation, contact us today at 888-314-5720, or use our web based contact form.
