How do I Start the Divorce Process in Texas?


Divorce is a difficult and emotional process, but understanding the different types of divorce in Texas can help you make informed decisions about your own situation. In this blog, we will discuss the various divorce options available in Texas, their advantages and disadvantages, and how to determine which one is right for you. By the end of this post, you will have a better understanding of the divorce process in Texas and be better prepared to take the first steps toward a new life.

1. Uncontested Divorce

An uncontested divorce is the simplest and fastest form of divorce in Texas. In an uncontested divorce, both spouses agree on all aspects of the divorce, including property division, child custody, and support. This type of divorce can be completed without a trial and often without the need for attorneys. However, it is still recommended that you consult with a knowledgeable family law attorney, such as the team at Garcia-Windsor, P.C., to ensure your rights are protected.

Advantages of Uncontested Divorce:

  • Less expensive
  • Faster resolution
  • Less emotional stress

Disadvantages of Uncontested Divorce:

  • Requires agreement on all issues
  • Potential for overlooking important details

2. Contested Divorce

A contested divorce is the most common type of divorce in Texas. This occurs when spouses cannot agree on one or more issues, such as property division, child custody, or spousal support. In a contested divorce, the court will ultimately make decisions on these issues based on the Texas Family Code. A contested divorce can be a lengthy and expensive process, so it is important to have an experienced family law attorney on your side to help navigate the complexities of the legal system.

Advantages of Contested Divorce:

  • Greater control over the outcome
  • Ability to address complex issues

Disadvantages of Contested Divorce:

  • More expensive
  • Longer time to resolution
  • Greater emotional stress

3. Collaborative Divorce

A collaborative divorce is a relatively new option in Texas that allows spouses to work together, with the help of trained professionals, to reach a mutually agreeable divorce settlement. In a collaborative divorce, both spouses and their attorneys sign a participation agreement, committing to reach a resolution without going to court. If the process fails, the attorneys must withdraw, and the spouses must hire new attorneys to proceed with litigation.

Advantages of Collaborative Divorce:

  • More amicable process
  • Greater control over the outcome
  • Less expensive than contested divorce

Disadvantages of Collaborative Divorce:

  • Requires cooperation from both spouses
  • Potential for increased costs if the process fails

Which Type of Divorce is Right for You?

Deciding which type of divorce is right for you depends on your unique circumstances and the level of agreement between you and your spouse. If you are unsure which option is best for your situation, it is important to consult with an experienced family law attorney who can help you navigate the complexities of the divorce process in Texas.

At Garcia-Windsor, P.C., our skilled team of attorneys is dedicated to helping you through this difficult time. We can help you understand your options and guide you through the divorce process, ensuring your rights are protected every step of the way.

Contact us today to schedule a consultation and begin the process of starting a new chapter in your life.

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