Thursday, January 17, 2019
Procedural Differences between Contested and Uncontested Divorce
Accomplished San Antonio, Texas, attorney Matthew Obermeier possesses a diverse legal background in the areas of real estate, probate, and family law. As a partner for the Texas law firm Oliva, Saks, Garcia & Curiel, LLP, Matthew Obermeier is highly experienced in working with clients going through divorce.
In Texas, divorces are considered contested if either party disagrees with how to divide assets, debt liability, or child custody arrangements. While many divorces are initiated as uncontested, disagreements can arise that require the help of an attorney, especially if the divorcing couple has children. In both cases, one party must file a petition of divorce and notify their spouse. In uncontested divorces where both parties agree on all relevant terms, the divorce is generally finalized after a 60-day waiting period by a judge.
Contested divorces go through a more prolonged process that includes discovery and pretrial motions. During this period, each party’s attorney will gather evidence to build a case to support the client’s preferred terms. This can be followed by a series of negotiations that can eventually lead to a settlement. If a settlement is not reached, the divorce will be tried before a family law judge.
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