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Contested vs. Uncontested Divorce: Which is Right for You?

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The Law Office of Bryan Fagan, PLLC

A contested divorce means you have challenges that could require the assistance of a family court judge to work through.

The video explains the differences between contested and uncontested divorces in Texas. A contested divorce occurs when there are unresolved issues between the spouses that may require the assistance of a family court judge. It doesn't mean they must go through a trial, just that there are contested issues in the case. Uncontested divorce, on the other hand, means both spouses have agreed on issues related to divorce, such as property division, child custody, and spousal support, and the court has no issues to resolve.

In an uncontested divorce, the Original Petition for Divorce is filed, and the spouse signs a Waiver of Service, which indicates that they will not use the courtroom to settle disputes. Divorce cases have a minimum waiting period of 60 days from the filing date to the day a judge grants the divorce.

The video emphasizes the importance of seeking advice from an experienced family law attorney to determine which type of divorce is appropriate for each individual's situation.

A contested divorce doesn't mean you and your spouse must go through a family court trial; it simply recognizes unresolved and contested issues within your case.

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