Ending a marriage is a difficult decision. Sometimes, separated spouses will endeavor to enter into an uncontested divorce. In these cases, the separated spouses will have agreed on the separation of assets before entering divorce proceedings. Though, uncontested divorce proceedings are a rarity. There are a myriad of minute details to consider:
- Alimony
- Division of Property
- Custody
If both parties do not agree on all technicalities of the divorce petition, the separated spouses will enter into a contested divorce. In these cases, the disputed issues go before a judge for review, drastically increasing the stakes. Generally, divorce proceedings will be a mix of contested and uncontested issues. In these instances, you must retain an Austin divorce attorney to negotiate and protect your interests.
Uncontested Divorce Proceedings
As mentioned, uncontested divorce proceedings are extremely rare by circumstance. However, should you be lucky enough to be amicable and agree with your separated spouse on every detail of the divorce, the process is quite straightforward. After retaining an Austin divorce attorney, we will draft the divorce decree. Both parties will review the documents to ensure they agree to all of the terms. Crucially, you will want to scrutinize child custody and support (if any), division of assets and debts, and alimony. Upon review, if both parties approve the divorce petition, the petition will be sent over to a judge. The judge will review, sign off, and formally enter the final divorce decree.
The duration to complete an uncontested divorce requires a minimum of a 60 day mandatory waiting period before entering the final decree. It may not seem like a fast divorce, but time flies. With no disputes to contend with, we will get your paperwork to a judge as soon as possible. The appointed family court judge reviews the divorce petition to guarantee it complies with the law. Upon confirmation of legality, the judge will grant the divorce. However, anyone worth their salt will highly recommend that you retain the services of a divorce attorney before signing any paperwork to protect you from agreeing to unfavorable terms.
Contested Divorce Proceedings
Contested divorce proceedings are commonplace and potentially incredibly convoluted. It’s normal not to agree on all of the uncoupling details. Generally the more time, assets, and children a couple shares, the greater the contested issues. Some issues are easier to negotiate, like division of assets, and others are trickier, like child custody.
It’s important to note, emotions and personality types can severely affect the duration of divorce proceedings. If the separated spouses allow emotions to drive the negotiations, the proceedings tend to drag on needlessly. Of course, it isn’t always the emotions of the separated spouses that are the cause of the delays. If your estranged spouse’s lawyer likes to fan the flames of conflict, they will facilitate delays and keep the case open. These factors directly determine the length of your divorce proceedings.
Given the nature of a contested divorce, the process is more extensive than an uncontested divorce. We will go through a multitude of steps, including:
- Prepare, file, and serve the divorce petition &/or respond to the petition.
- Engage in Divorce Discovery. Discovery is the process of gathering information; involving a multitude of legal procedures to collect necessary information for your spouse and third parties. We collect information in the form of subpoenas, depositions, and written questions.
- Pre-trial legal motions and hearings.
- Settlement proposals and negotiations between attorneys.
- Should a settlement fail for whatever reason, we will prepare for trial.
- Complete the court trial.
- Finally, file and appeal (should we dispute the trial judge’s decision).
Often, the settlement phase is the most contentious. Divorce judges often recommend the separated spouse try to come to a compromise. If an agreement is unattainable, we will have no choice but to take your case to divorce court.
Austin Divorce Attorney Team
Divorces, particularly contested divorces, are incredibly intricate. So, you must speak with our experienced Austin divorce team to inform you of your legal rights and protect your family, as well as yourself. Give us a call or send us a message today to schedule your free initial consultation.
To find out how we can help you, contact an Austin Divorce Attorney at 512-400-7070 or send us a message. We will schedule an initial client consultation to review your case details and lay out a game plan for your divorce in Texas. AZ Law Firm will pursue the legal action necessary to secure the fairest possible divorce for you and your loved ones.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Call us and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, one of our personal injury attorneys will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
