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Understanding Uncontested Divorce in Texas

By May 17, 2023April 17th, 2024No Comments

Are you looking to get out of an unhappy marriage? Getting a divorce in Texas is a challenging process. It is contentious, lengthy, and stressful. But it doesn’t have to be. Did you know there is a less stressful option? If you’re looking for a quick and affordable way to get a divorce, this is an excellent option to consider. In Texas, an uncontested divorce involves the two parties working together instead of pitting against each other. Understanding uncontested divorce in Texas is less complicated with an experienced family law attorney. Here’s what you can expect in an uncontested divorce.


Requirements for Filing an Uncontested Divorce in Texas

An uncontested divorce is an option for couples who don’t want a protracted and litigious process. Because there are no disagreements on the key issues, it is usually faster and more straightforward than a traditional divorce. However, to file for an uncontested divorce in Texas, specific requirements exist that you need to comply with.

 1. Residency

You or your spouse must be a Texas resident for at least six months and in the U.S. for at least 90 days before filing for divorce.

2. Stating the Grounds for Divorce

Because an uncontested divorce is a no-fault matter, you and your spouse must provide your legal grounds for divorce. These reasons include irreconcilable differences or incompatibility.

3. Agreement on Critical Issues

One of the reasons why an uncontested divorce delivers a faster outcome than a traditional divorce is because the spouses are required to agree on all critical issues. Accordingly, you and your spouse must come to terms with child custody and support, property division, debt allocation, and spousal support. If you have trouble agreeing on the key issues, mediation can help. This option allows you and your spouse to find solutions to settle. 

Filing the Paperwork

You will need the help of an attorney to draft the relevant documents for filing for divorce. The standard procedure in traditional divorce cases begins with a service of legal documents to the other spouse, who, in this case, is the respondent. However, in uncontested divorces, the respondent spouse only needs to sign a waiver of service. The attorney will also draft the final decree of divorce signed by both spouses. The final decree of divorce and supporting documents will be submitted to the court. 

Mandatory 60-Day Waiting Period

You need to undergo a mandatory 60-day waiting period from filing the divorce petition before presenting the final divorce decree to the court. Once the waiting period ends, your lawyer will submit the final decree to the court for the hearing. In an uncontested divorce, the hearing is usually short. The court will ensure that all legal requirements are complied with before approving the divorce decree. 

Cost of Uncontested Divorce in Texas

Generally, an uncontested divorce is cheaper than a traditional litigious divorce. Since a traditional divorce tends to be protracted, the cost of attorney’s fees also tends to be higher.

Do You Need a Divorce Attorney

Having a divorce attorney help you in these proceedings is a good idea. Even if it’s uncontested, you still need to review your settlement agreement to ensure it’s fair and reasonable. This is where a divorce attorney can help you.

At C.E. Borman & Associates, we have decades of experience guiding clients through the legal maze. Our dedication to divorce and family law matters is unparalleled. You can count on us to protect your rights and your future. If you want an experienced family law attorney on your side, then give us a call at 979-846-4090.

Contact us today!

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