Divorce
What is a contested Divorce?
A contested Divorce is when the parties are not in agreement regarding one, some, or all aspects of the divorce matter that have to do with assets, child(ren) related issues, and/or family violence issues. In this situation, it is best to hire an attorney to represent your interest so that you can be informed of your legal rights and duties as a conservator and give you an assessment regarding assets and liabilities division.
What is an uncontested Divorce?
An uncontested Divorce is when both parties are in agreement regarding all aspects of the divorce issues such as child custody (possession/access, child support, and medical support), assets division, and liabilities division. In other words, this is an Agreed Divorce.
It is when a conservator of the child or children wants to modify an existing Child Custody Order in place. When a conservator or parent of a child would like to modify child support or possession and access, they may file a Petition to Modify Parent Child Relationship with the Court to request for such modification.
Keep in mind that for any modification of child custody issues, there must be material and substantial change since last order was in place and the modification has to be in the best interest of the child. If you are not sure what all of that entails then it is best to hire an attorney or seek free consultation from an attorney to explain these terms and factors to you so you may make an informed decision. There are other elements or factors such as when one parents voluntarily relinquished possession and access to another parent or person or when the child reached the age of 12+ and express to the Court that he/she wants a particular parent to be the Managing Conservator.
Additionally, a parent or conservator may modify child support if there is material and substantial change in the obligor’s income or 3 years has elapsed and you would like the Court to do a child support review. If you would like to know the specific numbers or percentage of child support deviation in order for you to file for modification of child support, please schedule for a free consultation with an attorney so that we can give you a more one-on-one analysis that is catered to your specific situation regarding this matter.
