Uncontested vs Contested Divorce in Harris County Texas
Divorce in Harris County Texas, like any other county in Coastal Texas, falls into two main categories: contested and uncontested. The main difference is whether the couple can agree on all issues regarding the divorce process. Or if they need to battle them out in court.
Issues regarding child custody, retirement accounts, and property division can sometimes be difficult for some couples to resolve on their own. If they cannot agree, the divorce is considered contested. To reach an agreement, the couple is better off seeking outside help. Mediation, arbitration, or even a trial can be valuable.
Unsurprisingly, a contested divorce almost always takes a much longer time than an uncontested one.
Uncontested Divorce in Harris County Texas
In contrast to contested divorce, an uncontested divorce occurs when both spouses reach an agreement on all terms of the divorce. It is generally an amicable process. It is sometimes referred to as an “agreed” or “mutual” divorce.
Texas law allows citizens to file for an uncontested divorce based on the grounds of a No-Fault divorce. This is commonly referred to as “insupportability”. It indicates a conflict of personalities or irreconcilable differences. When a couple cannot get along with each other (or does not want to prove fault in court), a No-Fault, uncontested divorce can be initiated.
If you file for an uncontested divorce, it can save you time and money due to fewer legal fees. Furthermore, you have the chance to prepare required documents online. Uncontested divorces also provide an opportunity to have documents prepared online.
In an uncontested divorce, the Respondent signs a Waiver permitting the case to be finished without his/her participation. The Petitioner and their attorney (if involved) go to court for a hearing. There, the judge goes through a list of standard questions and may approve the divorce on the spot.
Grounds for Divorce in Harris County Texas
Choosing the appropriate type of divorce starts by identifying the root causes of it. One must know the differences between Fault and No-Fault divorces.
Texas is a “mixed state”. It means that a divorce can be granted either with or without proof that a spouse is at fault.
State law indicates one ground for a No-Fault divorce and six grounds for a Fault divorce.
- No-Fault Divorce
The only ground for a No-Fault divorce is when there are irreconcilable differences between the two spouses.
Given their simplicity and affordable costs, No-Fault divorces have been gaining popularity. Additionally, there is no defense to a petition for divorce based on insupportability. If at least one spouse wants a divorce, it will be considered. Texas law does not force an unhappy spouse to stay married because the other spouse is happy with the marriage.
- Fault Divorce
Fault divorces are not as common nowadays as they were before. In fact, some states no longer even recognize them. Texas, however, retains the distinction between Fault and No-Fault divorces.
A fault divorce implies that one spouse is requesting a divorce. This is based on the fact that the other spouse has done something wrong.
There are six grounds for a fault divorce in Harris County, Texas:
- cruelty (either physical or mental abuse and any other unreasonable acts of cruelty).
- adultery.
- separation (if the spouses have lived apart for more than three years).
- abandonment.
- felony conviction (for at least a year).
- confinement to a mental hospital (for at least three years, with signs that the spouses’ condition will not improve or that the probability of relapse is high).
It is important to note that in most No-Fault divorces, the court splits joint property evenly down the line. In a fault divorce, the party at Fault for the divorce is subject to an unequal distribution of the marital estate. This distribution is determined to be just and right by the judge.
Harris County Texas Residency Requirements to File for Divorce
A central requirement for all divorces is residency within the applicable state for a certain time period.
One spouse must be a Texas resident for 6 months to file for a divorce in the state. Additionally, the petitioner must be a resident of Harris County, Texas where the case will be heard for at least 90 days.
The divorce itself is usually filed in the county where the filing spouse resides.
Below are the most frequently asked questions:
The traditional divorce process in Harris County, Texas can range anywhere from 7 to 19 months.
But according to the Texas Family Code Section 6.702, “a court may not grant a divorce before the 60th day after the divorce was filed.” This means that a 60 day waiting period begins the day the person files for divorce. So, in the best case scenario, you will be approved of your divorce on the 61st day since you file the petition.
A divorce is final in Harris County, Texas when the divorce decree is signed by a judge and filed with the county clerk’s office. Once the divorce decree is final, it is considered a public record.
If you are unable to locate your spouse to provide them with the required paperwork, you may have to request the court for an official publication. Approval usually depends on how hard you have searched for them: you should submit proof of your search to the court If the judge grants your request, publish notice of your petition for divorce in the newspaper.
If the respondent still fails to file a response, the petitioner can request the court to grant divorce by default. However, you can only make this request if it has been at least 30 days since the publication. The court must then approve and sign a statement of the evidence presented at the default hearing.
Default divorce is a subset of an uncontested divorce. Such a divorce occurs when the Respondent is notified of the divorce but fails or refuses to respond within 20 days. Consequently, a person who does not show up loses by default.
It is important to note that if the spouse is missing and cannot be located, a default divorce also requires a Notice of Service through publication (Citation by Publication) in a newspaper.
If you fail to respond to the divorce action, you give up your right to have a say in the separation process. Therefore, read and understand all the documents that your spouse files. These documents are what the court will order in the end.
Starting the Process
- Complete the Online Questionnaire also review Which Uncontested Divorce Plan is Right for You.
Once completed, the questionnaire will be sent to one of our partners for review. One of our team members will contact you to go over the details you supplied. Once you give us the go-ahead, we will need your payment information to start your case.
Our goal at Ready Divorce Service is to provide clarity and support tailored to your individual needs. By choosing us, you’re not just getting legal assistance. You’re gaining a partner who will be with you every step of the way. Together, we’ll embark on a new chapter of your life.
Aldine · Atascocita · Barrett · Baytown · Bellaire · Bunker Hill Village · Channelview · Cinco Ranch · Cloverleaf · Crosby · Cypress · Deer Park · El Lago · Friendswood · Galena Park · Hedwig Village · Highlands · Hilshire Village · Houston · Humble · Hunters Creek Village · Jacinto City · Jersey Village · Katy · La Porte · League City · Mission Bend · Missouri City · Morgans Point · Nassau Bay · Pasadena · Pearland · Piney Point Village · Seabrook · Sheldon · Shoreacres · South Houston · Southside Place · Spring · Spring Valley Village · Stafford · Taylor Lake Village · The Woodlands · Tomball · Waller · Webster · West University Place