Divorce can be one of the most stressful times in a person’s life, especially when children and a large marital estate are involved. Myres & Associates, PLLC understands that undergoing a divorce is a painful process with multiple stages of grief and acceptance. Trust our family law-devoted firm to handle your divorce! It is our goal to handle your divorce efficiently to ensure you and your family’s divorce experience is as painless as possible.
Types of divorce in Texas fall under two categories – “fault” or “no fault”. And depending on the parties and the issues within a fault or no fault divorce case, the legal process is generally contested or uncontested. The no fault ground for divorce in Texas is called insupportability.” A court may award a divorce of the parties and divide their estate without considering fault of either spouse in causing the breakdown of their marriage in a divorce based on insupportability.
If either party to a divorce pleads that the other party was at fault for the breakdown of the marriage, the court may consider the fault ground plead and the evidence provided by the party claiming the fault in dividing the marital estate unequally. The grounds for divorce recognized by Texas courts are: cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
Types of Divorces
Regarding the time it will likely take to reach a final order in a case: there are so many issues that must be resolved and a written order signed by the judge, i.e. child custody, child support, and division of the marital estate. Therefore, the likelihood that both parties will agree on the terms of each legal issue determines if the case is contested or uncontested.
- Uncontested Divorce – If there are no disagreements between spouses on the issues of the case, the case is considered uncontested. Sometimes, the parties may disagree on a topic but are willing to negotiate in order to avoid the courts or trial.
- Contested Divorce – A variety of circumstances can lead to a divorce being considered contested, including: disagreements over custody, property and support; refusal to sign a Waiver of Service; hiring an attorney. Further, an uncontested divorce has the potential to quickly become a contested case when the parties cannot agree on any issues despite their attempts to negotiate. In such a case, an experienced attorney should be consulted to help facilitate more negotiations.
The attorneys at Myres & Associates, PLLC have the knowledge and experience that enables us to create solutions in cases involving complex issues and assets. We’re the divorce attorney you can trust in the Houston, TX area.