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What is an Uncontested Divorce?

Many people seeking a divorce in Texas say that they have an "uncontested" or a "contested" divorce. Some courts may ask you to set your case on an uncontested or a contested docket for hearings. And some lawyers may advertise different fee arrangements for uncontested or contested divorce. So, what does this mean exactly?


What is an Uncontested Divorce?


There is no definition in the family code for an uncontested divorce. In general, when an attorney or a court refers to an uncontested divorce they mean a divorce that is not going to require a final trial or a divorce that the parties are completely in agreement about. Some people may also refer to this type of divorce as an agreed divorce. Sometimes a case may begin as contested and change to uncontested when the parties reach agreements throughout the case. In general, if an attorney is offering a special rate for an uncontested divorce they are referring to a divorce that parties are in complete agreement about from the beginning and won't require any hearings or negotiation.


What is Not an Uncontested Divorce?


Sometimes people think because both parties agree that they should get divorced that their divorce is uncontested. This isn't usually what courts or attorneys mean when they talk about an uncontested divorce. Additionally, if the parties agree to most of the terms in a divorce, but they still have minor issues to figure out an agreement for, they do not have an uncontested divorce.


Why Does it Matter?


Uncontested divorces can save parties a considerable amount of money. The catch is that both parties have to cooperate for an uncontested divorce. It is not something that you can force on someone. Uncontested divorces are also faster and they tend to involve less stress for the parties.



If you have questions about a contested or uncontested divorce in Williamson County or the surrounding areas contact the Law Office of Margaret McCroan at 512-777-0850 and we can schedule a time for a free phone consultation.

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