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Walking You Confidently Through A Divorce In Texas – Contested Or Uncontested

Divorce is never easy. Even a divorce that is ostensibly uncontested may contain complex emotions and legal problems. You need a strong advocate who can guide you through the legal steps, act as an objective outsider and help you start your new life.

The Law Office of Sheri Bryce Dye has assisted spouses throughout the greater San Antonio area with their contested and uncontested divorces. Whether you are going through a fault divorce or a no-fault divorce, attorney Sheri Bryce Dye provides the strong representation that you need.

What Is The Difference Between An Uncontested Divorce And A Contested Divorce In Texas?

When many people think of divorce, they think of terms like “battle” or “acrimonious.” It’s true that the strong emotions accompanying the end of a relationship often make the legal aspects of divorce messier than they might otherwise be. But the fact is that some divorces can be relatively quick, amicable and inexpensive if they are uncontested. An uncontested divorce is one in which none of the terms of the divorce (property division, child conservatorship, etc.) are in dispute. It is sometimes also referred to as an “agreed divorce.” Because the two parties agree on all aspects of the divorce ahead of time, the process is primarily about completing paperwork and other legal steps.

By contrast, a contested divorce is one in which there are disagreements about the terms. Maybe spouses don’t agree on the parenting plan or one believes they are not receiving their fair share of the marital estate. It’s important to note that “contested” doesn’t necessarily mean “litigated,” however. Couples in a contested divorce can work out their differences using meditation, arbitration and other alternatives to traditional courtroom litigation.

No matter which path you choose (uncontested or contested), it is a good idea to consult an experienced attorney like Sheri. In an uncontested divorce, she can help you ensure that all forms are correctly filled out and filed and that no requirements are overlooked. If you start uncontested but then discover that there are issues to be resolved, she can help you convert to a contested divorce and represent your interests throughout the process.

What Are The Grounds For Filing For Divorce In Texas?

The most common basis for divorce in Texas is a no-fault ground. Under this option, you can file for divorce by citing “insupportability.” This means that the couple has irreconcilable differences that prevent any reasonable expectation of reconciliation.

You can also file for a fault-based divorce. The grounds for a fault-based divorce in Texas include:

Adultery: So long as you did not reconcile after the affair
Cruelty: This includes physical or emotional abuse that makes living together unsafe or intolerable
Conviction of a felony: If your spouse has been convicted of a felony and sentenced to prison for at least one year
Living apart: If you and your spouse have lived apart without cohabitation for at least three years

Choosing the appropriate grounds for your divorce can impact the proceedings, especially in terms of property division and spousal support.

How Do I Start The Divorce Process?

Initiating the divorce process in Texas involves several key steps:

Prepare and file the petition: The divorce process begins with the filing of a Petition for Divorce in the county where you or your spouse resides. This petition outlines your reasons for seeking a divorce and any requests for property division, child custody or support.
Serve the petition: After filing the petition, you must formally notify your spouse by serving them with divorce papers. This is typically done through a process server or by mail.
Respond to the petition: Once served, your spouse has a certain period (usually 20 days) to file a response.
Negotiate and exchange information: Both parties will need to exchange financial information and negotiate the terms of the divorce. This can involve discussions about property division, child custody and support.
Finalize the divorce: If both parties reach an agreement, they can submit a final decree of divorce to the court. If there are unresolved issues, a trial may be necessary to settle the terms.

Throughout this process, having an experienced attorney like Sheri can help ensure that your rights are protected and that you handle each step with clarity and confidence.

What The Firm Provides You During Your Divorce

Not all family law firms are created equal. Here are just some of the benefits of working with the Law Office of Sheri Bryce Dye:

Cost-efficiency: Divorce is notoriously expensive, but Sheri always works with an eye toward cost-efficiency. Put your money toward your new life, not your legal fees.
Guidance: In this complicated time, you may feel lost. The firm will guide you every step of the way through the legal process.
Education: By providing you with straightforward information, Sheri can educate you to make wise decisions for your present and future.
Peace of mind: Often, people who wish to have an uncontested divorce encounter bitter arguments and legal troubles. In these situations, Sheri can help you keep your split as amicable as possible while advocating fiercely for your best interests.

Your divorce lawyer needs to be someone you feel comfortable being honest with and someone you trust to always act in your best interests. Sheri offers free initial consultations so that you can meet her, discuss your concerns and get a sense of how well you’d work together.

Keep Contentious Issues Calm

While Sheri understands that not every divorce can be resolved peacefully, she tries to help clients remain as amicable as possible. The last thing that you need in your life is more stress. When resolving controversial issues – particularly child conservatorship and property division – Sheri focuses on the facts of your case rather than letting emotions take charge.

As an experienced mediator, Sheri has mediated hundreds of separations and divorces. If mediation does not work for you, she will not hesitate to go to court.

Frequently Asked Questions About Divorce In Texas

Going through a divorce can be overwhelming. Below are answers to some common questions to help you understand what to expect during this challenging time.

How do I file for divorce?

To file for divorce in Texas, you need to start by submitting a petition for divorce to the court. This petition outlines the reasons for the divorce and requests the court to grant the dissolution of the marriage. You’ll also need to serve your spouse with the divorce papers. Once served, your spouse will have the opportunity to respond. If both parties agree on the terms, you can proceed with an uncontested divorce. If there are disagreements, the case may become contested, requiring further legal proceedings or mediation.

How much does a divorce cost?

The cost of a divorce in Texas can vary widely depending on several factors, including whether it is contested or uncontested, the complexity of the case and attorney fees. An uncontested divorce is generally less expensive than a contested divorce that has to be litigated.

Why do I need a divorce attorney?

A divorce attorney provides essential support during a divorce by offering legal knowledge, helping make sure that all paperwork is correctly completed and representing your interests in negotiations or court. An attorney can help you handle complex legal issues, such as property division and child custody, and can offer guidance on how to achieve a fair and equitable resolution.

Is Texas a fault or no-fault state?

Texas is primarily a no-fault divorce state, meaning you can file for divorce based on insupportability, which means the marriage has become insupportable due to conflict or discord. However, Texas also recognizes fault grounds for divorce, such as adultery, cruelty or abandonment.

Who will take the kids?

In Texas, child custody decisions are based on the best interests of the child. Conservatorship, or custody, can be awarded solely to one parent or shared between both parents. Factors considered include each parent’s ability to provide a stable environment, the child’s needs and any history of abuse or neglect.

Discuss Your Case With A Skilled Texas Divorce Lawyer

With the Law Office of Sheri Bryce Dye, you will not have to go through your divorce alone. Talk to Sheri in a free consultation at her law office. To schedule a free consultation, call 210-761-5241 or use the online scheduling form.

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