Uncontested vs Contested Collin in Dallas County
Divorce in Collin County Texas, like any other county, 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, or if 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, arbitration, or even a trial.
Unsurprisingly, a contested divorce almost always takes a much longer time than an uncontested one.
Uncontested Divorce in Collin County
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 and 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, 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 Collin County
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.
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 – i.e., 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 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 Collin County Texas:
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- cruelty (either physical or mental abuse and any other unreasonable acts of cruelty).
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- adultery.
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- separation (if the spouses have lived apart for more than three years).
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- abandonment.
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- felony conviction (for at least a year).
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- 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 in a manner that is determined to be just and right by the judge.
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* Disclaimer: Ready Divorce Service has no affiliation and is not contracted by the state or any county court. The information herein is for general purposes, and not specific legal advice.