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A Few Thoughts from Kimberly Moss

Uncontested Divorce: Part Myth and Part Magic

Posted by Kimberly D. Moss | Jan 24, 2013 | 0 Comments

Speaking with potential clients, I often hear a phrase bandied about wantonly to describe their situations. That phrase is “uncontested divorce.” The people who use this phrase believe that it has meaning, but in reality, there are very few divorces that are truly uncontested. When a marriage involves a house, or child support, or custody, or retirement accounts, people have strong feelings about their interests in these things. No one will easily walk away from the home they spent their life savings to purchase. No one will easily walk away from daily access to their children. Not many people are willing to part with the retirement savings they have earned over the course of their working careers. In all of these situations, the people involved have something very real to fight for and to save for themselves.

The only time a divorce is truly uncontested is when the person served with a divorce petition signs a document called a Waiver of Citation. Once a Waiver of Citation is signed in front of a notary, the court does not serve the signatory with any of the documents pertaining to the divorce action. Most often these waivers are signed by individuals who do not own significant property with their estranged husband or wife and have no children born of the marriage. This narrow category of people are the most likely to be involved in a truly “uncontested divorce.” While it is true that some couples are married for a short time and are therefore not significantly financially or emotionally tied to their spouses, but this situation is most often the exception, not the rule.

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When a divorce petition is filed, the individual or attorney filing the action has no idea how the other party will respond; therefore, the title “uncontested divorce” is a misnomer until Mr. or Mrs. Doe actually signs and returns a Waiver of Citation to be filed with the clerk's office. If you are contemplating divorce, please contact an attorney who has experience handling these difficult matters. The process can be emotionally and financially burdensome, but with the help of a knowledgeable attorney, the process is much easier. For more information, please contact our office at 713-574-8626. We will be glad to hear from you.

About the Author

Kimberly D. Moss

Attorney and Counselor at Law (713) 574-8626 Kimberly Moss is a Supreme Court of Texas licensed lawyer and Dallas native who went into the practice of law with the intention of working for herself and bringing value to the community she serves. Prior to law school, she worked for Experian Inform...

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