Divorce - Uncontested, Contested and Collaborative

There are essentially three types of divorce cases in Texas:

  1. Uncontested/Agreed Divorce
  2. Contested Divorce
  3. Collaborative Divorce

Uncontested/Agreed Divorce- In an uncontested divorce both spouses agree to be divorced on the grounds of insupportability, sometimes referred to as a 'no-fault' divorce. Both spouses also must agree on all other issues related to the divorce including: division of property accumulated during the marriage, division of retirement, child custody and visitation, and child support.

The 'Agreed Divorce" is generally the quickest and least expensive method of divorce, however, both spouses must agree on all issues for this process to work. In these situations, where couples can cooperate, share truthful information, and freely disclose all necessary details, facts, and figures, it is possible for them to obtain an "Agreed Divorce". An "agreed divorce" is certainly the lowest cost way to end a marriage, but it requires genuine cooperation. We at the Bloodworth Law Firm, P.L.L.C., have worked with many clients to obtain an "agreed divorce".

Don't Be in a Hurry! Don't be so eager to obtain a divorce, or so insistent that it be agreeable, that you obtain an "agreed divorce" but at the price of a "terrible agreement." Said another way, "Don't do a bad 'deal' just to get a 'deal' done."

You need the Bloodworth Law Firm, P.L.L.C., to advise you of what your rights are, and what you may be entitled to, in order to ensure that you are in the best possible position after divorce that you can be in. Life after divorce is difficult, especially for the spouse who has custody of the children and/or who is the lower salaried earner. You need the valuable assistance of an experienced attorney like William D. Bloodworth II, to advise and counsel you on making the best 'deal' possible in your agreed divorce.

An "agreed divorce" begins by one person hiring the Bloodworth Law Firm, P.L.L.C., as their attorney. That person then provides the firm with the necessary personal information on the parties to prepare and file a "Petition for Divorce". Then, the other party who is unrepresented by an attorney is provided with a copy of the "Petition for Divorce" and is also provided with a "Waiver of Citation" which among other things allows the divorce case to proceed without that person be served the "Petition for Divorce" by a Texas sheriff or constable. This appearance by a sheriff or constable can be very embarrassing and many couples want to avoid publicizing their marital troubles. Sometimes sheriff's and constables serve spouses legal documents at their jobs or other public places, which can cause embarrassment and intrusion by neighbors and coworkers. After your spouse signs the "Waiver of Citation" in front of a Notary Public and returns it to use we will file the "Waiver" with the Court and begin preparing the document that the Judge signs which grants your divorce, called a "Final Decree of Divorce". This document contains all the necessary details to identify and divide the marriage assets, debts, and plan for the custody, visitation, and support of any children of the marriage. Once this document is completed it will be reviewed by you and your spouse and you both will sign this "Final Decree of Divorce" indicating to the Judge that you are both in agreement with the terms and conditions of the decree. After both parties, have signed the decree, the Bloodworth Law Firm, P.L.L.C., will arrange for a final hearing date, when you will appear in Court before the Judge with your attorney William D. Bloodworth II, founding attorney of the Bloodworth Law Firm, P.L.L.C. Mr. Bloodworth will ask you the necessary questions that the Judge wants to hear your answers to, and if those answers are acceptable to the Judge, the Judge will pronounce the Divorce and sign the "Final Decree of Divorce" prepared by the Bloodworth Law Firm, P.L.L.C., which you and your spouse have signed. After an additional 30-day waiting period has passed your divorce will be "final".

Contested Divorce- Although most families considering divorce, hope and believe that they and their spouse can get along well enough to make agreements on how to end their marriage, provide for their children, and divide their property, this is often not the case. The same issues that contributed to the end of the marriage often prevent the cooperation and compromise at the necessary level to obtain an agreed divorce. Just because parties cannot agree to all of the terms and conditions of their impending divorce, this does not necessarily mean that the divorce must be filled with high conflict, anger, and rage. With help from the Bloodworth Law Firm, P.L.L.C., we can help you skillfully navigate the divorce process and use our over 20 years of experience in helping you minimize conflict and promote a fair and equitable conclusion to your marriage, making an "Agreed Divorce" possible, even though the divorce may be legally "contested," because your spouse has hired their own attorney. Individuals or families with 'high net worth' are those parties who have accumulated substantial assets during their marriage. 'High Net Worth Divorces' differ from the standard divorce process and require the guidance of an experienced law firm like the Bloodworth Law Firm, P.L.L.C., is the key to deciding the best course of action and obtaining the best results. Often multiple properties, retirement accounts, stocks and often closely held businesses need to be divided, which require legal skill, special planning, and strategy. Complex financial documents often need to be analyzed, sometimes by specialized experts, in order for a fair and equitable division of property to occur.

Collaborative Divorce- Collaborative Divorce is process in which you and your spouse will each have your own specially trained and experienced Collaborative Divorce attorney and work though the issues of your case using a method known as "interest-based negotiation," which enables spouses to formulate agreements that focus on their most important individual and mutual goals. It is confidential, all issues are resolved out of court, allowing parties to concentrate and spend their money on finding solutions instead of spending it on going to court.

CAUTION- Once the collaborative process is started, if for whatever reason, an agreement cannot be reached or the case becomes contested, both parties must hire completely new attorneys and begin the same process as other "contested divorce cases" all over again. After spending money on Collaborative Attorneys and on new attorneys to handle the contested divorce some couples decide the risk of double paying for attorney's is just not worth the risk, and choose to place their efforts in filing an "Agreed Divorce"; while working to maintain an amicable climate of agreement and cooperation.

For this reason, the Bloodworth Law Firm, P.L.L.C., does not offer Collaborative Divorce services, we want to be available to represent you in court, where we are skilled, prepared, and passionate about representing our clients and their causes. However, the Bloodworth Law Firm, P.L.L.C., works very hard to create and maintain a climate of agreement with the opposing party and their attorney, so that an Agreed Divorce can be achieved if at all possible. In the event, the divorce becomes contested the clients of the Bloodworth Law Firm, P.L.L.C., have no need to hire a new attorney, the Bloodworth Law Firm, P.L.LC., is already on the case, and can easily shift into "litigation" gear, and begin preparing you and your case for presentation to a Judge or Jury, so that a divorce can be achieved, while protecting your finances, well-being, and peace of mind.