Uncontested vs Contested Divorce in Irving Texas
Divorce in Irving Texas, like any other city in North Texas, falls into two main categories: contested and uncontested. The main difference between the two lies in whether the couple can come to an agreement on all the issues regarding the divorce process. Otherwise, they have 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 come to an agreement, the divorce is considered to be contested. In order to reach an agreement, the couple is better off seeking outside help such as mediation. Alternatively, arbitration or even a trial may be necessary.
Unsurprisingly, a contested divorce almost always takes a much longer time than an uncontested one.
Uncontested Divorce in Irving Texas
In contrast to contested divorce, an uncontested divorce takes place when both spouses come to an agreement on all terms of the divorce. It is generally an amicable process. Sometimes, it is 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, commonly referred to as “insupportability”. This indicates a conflict of personalities or irreconcilable differences. When a couple simply cannot get along with each other, or does not want to spend time proving fault in court, a No-Fault, uncontested divorce can be initiated.
If you file for an uncontested divorce, it can save you a lot of time and money due to fewer legal fees. Furthermore, you get the opportunity to prepare the required documents online. Furthermore, uncontested divorces give you the opportunity to have the relevant 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 Irving Texas
Choosing the appropriate type of divorce begins with identifying the root causes of it. One must know the differences between Fault and No-Fault divorces.
Texas is a “mixed state” which 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 in popularity. Additionally, there is no defense to a petition for divorce based on insupportability. In other words, if at least one spouse wants a divorce, it will be considered. Texas law does not force an unhappy spouse to stay married just 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 of the spouses is requesting for a divorce based on the fact that the other spouse has done something wrong.
There are six grounds for a fault divorce in Irving, 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 a majority of No-Fault divorces, the court splits joint property evenly down the line. In a fault divorce, the party who is at Fault for the divorce is subject to an unequal distribution of the marital estate. This distribution is in a manner that is determined to be just and right by the judge.
Irving 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 of the spouses must be a resident of Texas for 6 months to be eligible to file for a divorce in the state. Additionally, the petitioner must be a resident of Dallas 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:
How long does it take to get divorced in Irving Texas?
The traditional divorce process in Irving, 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.
When is a divorce Final in Irving Texas?
A divorce is final in Dallas 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.
How to divorce a missing spouse in Irving Texas?
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.
If your spouse finally responds to the divorce, you will have to go to trial to resolve the contested issues, which might take up to a year or more.
What is a Default Divorce?
Default divorce can be defined as a separate subset of an uncontested divorce. Default divorce occurs when the Respondent is notified of the divorce action. However, the Respondent fails to or refuses to respond within 20 days. Thus, 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 that a Notice of Service be made. This is done through publication (Citation by Publication) in a newspaper.
If you are the respondent who fails to respond to the divorce action, remember that you are giving up your right to have any say in the separation process. So, make sure you read and understand all the documents that your spouse files. These are the documents the court will order in the end.
⚖️ How to Start the Divorce Process in Irving Texas
While you can represent yourself in a divorce (pro se), it’s strongly recommended to consult with a qualified divorce attorney, especially if your case involves children, significant assets, or disagreements. Judges and court staff cannot provide legal advice.
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.
When you’re ready to move on, we’re ready to help.
📲 Call us now at (800) 432-0018
🖥️ Start your divorce online today
