Is my divorce uncontested or contested?
TexasLawHelp.org has instructions for uncontested divorces. Your divorce is uncontested if it can be finished by agreement or by default.
- Your divorce can be finished by agreement if you and your spouse agree about all the issues (including custody, visitation and child support) and are both willing to sign the divorce forms.
- Your divorce can be finished by default (without your spouse) if your spouse is served and your spouse does not file an answer or otherwise appear in court.
Your divorce is contested if your spouse files an answer or waiver of service and will not sign the Final Decree of Divorce. To finish a contested divorce, you must set your case for final hearing and give your spouse at least 45 days’ notice of the hearing. It’s important to talk with a lawyer if your case is contested.
Read this article to learn more: How to Set a Contested Final Hearing (Family Law).