Deciding to get a divorce is a difficult and challenging decision. It involves emotions, memories, and, uncertainty about the future. Do you file for an uncontested or contested divorce? Are there other choices available? What would be the best option?

The short answer to these questions is that how you file and what options you choose are dependent on your particular circumstances. This is why the Law Office of Jason Wright listens closely to your story and thoroughly discusses what may be workable for your circumstances. We are here to listen and to assist you in making the best choices for your future.

The main difficulty in filing for a divorce in Texas is that there are numerous legal terms that can be confusing. The divorce attorneys at the Law Office of Jason Wright know this and make sure you understand the process and what the terms mean.

Divorce Terms You May Not Know

The first thing to know is that Texas is a community property state, which means that in most instances, money and property accumulated during a marriage belong to both spouses. This makes a difference when it comes to splitting assets.

Other divorce options may include:

• Agreed divorce – a divorce is agreed upon if both parties agree on all issues, and both parties are willing to sign the forms. Items iin such a divorce may be visitation, custody, and child support. Each case is different.
• Default divorce – this can happen if one party does not respond to the divorce petition.
• Marriage dissolution – in Texas, this also refers to annulment and divorce. Annulments are only for invalid marriages.
• Pro se – you can represent yourself in a matter before the court if you choose not to hire an attorney.
• Petitioner – this refers to the individual who started the proceedings for a divorce by filing the petition with the court.
• Respondent – this refers to the person who did not file the divorce proceedings. However, they may file a counter-petition or choose to take no action when served with divorce papers.
• Uncontested divorce – this can be either a default or an agreed divorce. Uncontested divorces are simpler, faster and can be less expensive. Although parties to an uncontested divorce may be able to file without the help of an attorney, it is best to ensure all issues are handled correctly and legally, and an attorney wrote the agreement to resolve all divorce matters. Having legal assistance means matters are resolved more quickly.
• Contested divorce – this means the parties do not agree on what they want to happen, and is usually more complicated. Even though divorcing spouses may agree on child support, alimony and the division of property, they may differ on custody issues. This means they need to file for a contested divorce.
• Divorces with children involved – these situations tend to be more complex and hiring a skilled attorney protects the children and the process.
• Information exchange – also referred to as discovery. This is a process where each party involved in the divorce action gathers evidence, information, and documents related to the action. Discovery is crucial in contested divorces. Uncontested divorces may not be as contentious.

There are other types of divorces available in Texas and they include a default divorce, a collaborative divorce and a fault divorce.

A default divorce is only granted if a spouse files for divorce but the other spouse does not file an answer within 60 days of receiving the petition. If there is no reply, the spouse filing the divorce petition can schedule a hearing to have a default judgment granted.

Collaborative divorces focus on the couple working together, each with their own Collaborative Divorce Attorney to help them finalize the divorce without the need to go to court.

Fault divorces are generally filed if one committed adultery, committed cruel acts, abandoned the other spouse or committed a felony. Police records or a private investigator’s documented proof are required in this instance.

Filing for divorce in Texas can be a difficult and lengthy process. At the Law Office of Jason Wright, we’re here to make a difference and guide you through one of the most difficult times in your life. We understand how devastating this can be.

We Are Your Full-Service Family Law and School Law Firm

The Law Office Of Jason Wright is committed to your family’s stronger future. Whether through a divorce, custody matter, child support or defending the rights of your children in school, we are always committed to doing what’s best for your family’s future.