Types of Divorce in Texas

There are a number of reasons why someone would want to end their marriage by filing for divorce. In Texas, a judge will grant a divorce, even if only one person wants it. Although, it may take longer. Often one of the spouses wants to continue to work on the marriage and the other spouse is ready to move on. Divorce is a complex process especially if there is significant property or children involved in the process. Fortunately, there is more than one way to get a divorce.

Uncontested Divorce

An uncontested divorce is one where both spouses agree on all terms of their divorce. They bring their agreement before a family lawyer who turns their agreement into a final decree of divorce. It\’s nice when spouses want to try to do things fairly. However, both spouses should speak with an experienced family lawyer before finalizing the agreement. A consultation with a family lawyer will help you know what they are entitled to by law, so you can make an informed decision.

Spouses cannot share the same attorney and cannot attend consultations together. Many times the “uncontested” agreement falls apart when the details of the agreement are applied in a real-world division and custody agreement. The other problem with an uncontested divorce is that none of the due diligence is done on the marital estate. This means some assets and liabilities get may be left out of the agreement either by design or through malice.

Default Divorce

A default divorce occurs when one spouse does not respond to the other’s divorce filing. After a period of time without the other spouse’s response, the court will grant the divorce by default. Once this happens, the court does not require the non-responsive spouse’s involvement.

Fault Divorce

If you want to include a fault of the marriage, it is normally a single phrase that says your spouse has committed adultery or some other at-fault reason. Very few people who file for divorce claim fault because it can be difficult to prove. Proving fault often means hiring a private eye with cameras taking steamy photos of illicit affairs. You can also claim fault if you can prove there was some sort of domestic abuse.

Litigated or Contested Divorce 

After you file the original petition you can seek a litigated divorce. The other party must be “served” with the lawsuit.  The filing must be completed even if both parties agree to a divorce. A litigated divorce means that there will be hearings to present evidence at a trial.  Both spouses should hire an attorney to argue on their behalf in court. This is especially important regarding property division, child custody, and any other topic that needs to be discussed. The court may also issue temporary orders if requested by a spouse as the divorce process continues.  This type of divorce is costly, especially if it takes a long time for the divorce to be finalized.

Davis, Ermis, and Roberts: Helping You Through the Divorce Process

There are many factors that are involved in the divorce process. The division of property is a huge stressor for many. Having an experienced, knowledgeable team on your side can help you through this process. Whether it is in the courtroom or through difficult decision-making, Davis, Ermis and Roberts are ready to help you through your divorce. Give us a call at (817) 265-8832 to schedule your initial consultation. You can also visit our website to learn more about the legal services offered by DER. With decades of legal experience under our belts, there is no better firm to trust in the Dallas-Fort Worth Metroplex.