Uncontested Divorce
In short, an “uncontested” divorce is an amicable, or “friendly” separation between a married couple. They are in agreement about how their children and property, if any, will be separated. There is no back-and-forth about whose fault it was, who gets what, and both parties are willing to separate without a fight.
Contested Divorce
A “contested” divorce is the opposite, or an “unfriendly” separation. Typically, one side is not comfortable with the where the blame lies for the separation, or they are not comfortable with terms put forth by the other side and want to fight them. Or both sides disagree over the blame and/or the terms of separation. Children and property are usually the point of contention. Child custody, amounts of child support or spousal maintenance, and separation of properties like homes, cars, retirement, and even debt can cause the two parties to go back and forth debating the terms of their separation. The result is a legal “fight” between the two parties.
Uncontested Vs. Contested Divorce
The statistic “50% of marriages end in divorce” is a very real part of many of our lives. Probably half the adults you know are or were divorced at one point in their life. Some people can very easily come to an agreement on how this separation will happen. But with all the stresses that contribute to the large number of divorces in today’s society, it is likely many of those divorces end on bad terms.
Most people generally understand the concept of the two main types of divorces: uncontested and contested. Still, some are hesitant to state their divorce is contested. Why? It could be because they believe a contested divorce costs more, and that is probably true in most cases. But truly understanding the difference and being honest and forthright about the facts of the matter will save time and money in the long run.
FAQ about Divorce in Hidalgo County, Texas
Can I file a divorce without a lawyer?
Every Texas citizen has the right to file a divorce pro se, or on behalf of themselves. However, when child custody or property is involved, a judge will generally ask the couple to get attorneys because custody and property division are complex areas of law in Texas.
How much are divorce filing fees?
There are two main filing fees in divorce cases in Hidalgo County. A Divorce with no children is _________. A Divorce with children is ________. This fee is used by the court system to make your divorce an active case in Hidalgo County, Texas.
How long does a divorce in Texas take?
The shortest amount of time a divorce can take in Texas is 90 days. There is an initial waiting period of 60 days, then once the final decree is signed by the judge, another 30 day waiting period is required by law before a person can remarry. This is best case scenario.
However, most contested divorce cases can take a year or longer to resolve.
How much does a divorce cost in Hidalgo County, Texas?
An article released by USA Today that collected data on the cost of divorce in all 50 states said that the average cost of divorce in Texas without children is $15,600. With children, that figure goes up to an average of $23,500.
Of course, this is a statewide average, but in the Rio Grande Valley, you can expected a contested divorce with children to be between $6,000 and $10,000. If there is property or assets to be separated, it’s safe to add another $5,000.
How much does a family law attorney charge?
The cost of your attorney is configured using an “hourly rate”. This means that for every hour of work an attorney completes, he or she will charge a set amount. At the Agustin Hernandez Law Firm, the attorney rate for work is $275 an hour, while paralegal work at our firm is $175 per hour.
Does your firm do limited-scope representation?
We do not do limited-scope representation at the Agustin Hernandez Law Firm, meaning you cannot hire us for “a la carte” services. Our firm will only represent you if we have been contracted to start and finish the case.