What Is Uncontested Divorce in Texas?
- Going through a divorce does not have to be overly complicated if you and your spouse can agree on a solution. An uncontested divorce is a simple way to handle the dissolution of marriage and will save you a great deal of money, time, and heartache. Our family lawyers will efficiently guide you through the process so that you can move on with your life.
Who Qualifies for an Uncontested Divorce?
To qualify for an uncontested divorce, couples have to meet three requirements:
- You or your spouse have to be living in the State of Texas for six months before filing and the previous 90 days in the county where you’ll file for divorce;
- Spouses have to agree on the legal reasons for divorce;
- Spouses must agree on all the issues in your divorce case (for example, how t divide property and allocate debts).
In a no-fault divorce, neither spouse accuses the other spouse of doing something that could hurt the marriage. In fact, the most common reason is that the marriage became “insupportable” because of a clash of personalities, and it’s not expected that you reconcile.
A Texas uncontested divorce is also known as an agreed divorce because couples must agree about everything involved in their marriage. In addition to dividing real estate and property, they have to agree on spousal support (alimony), as well as child custody, visitation, and child support if they have minor children.
Filing an Uncontested Divorce Paperwork
To start your divorce process, you have to submit a divorce petition and other divorce forms. Bear in mind that some counties may have their own local forms, so make sure you have the right paperwork.
Once you file the divorce petition with the clerk, the papers have to be served to your spouse.
If you want to speed things along, your spouse may sign the “Final Decree of Divorce,” which states the agreement you’ve reached. The Final Divorce Decree must be submitted to the court to finalize the divorce.
How Long It Takes to Get a Texas Uncontested Divorce?
After filing the divorce petition, the State of Texas has a mandatory waiting period. After 60 days, you can ask the court to schedule a final hearing to get your “Final Decree of Divorce.”
Hearings for uncontested divorces in Texas are typically short. The judge will review the decree of divorce and ensure you meet all the requirements for getting a divorce.
When Should You Hire a Divorce Attorney to Help You?
Hiring an experienced family law attorney is always a good idea, even if you are not filing for contested divorce and you and your spouse agree on everything. The attorney can review your agreement to check if it’s fair and whether your rights are protected. If you have complex financial assets, the attorney can also draft the agreement.
There are other cases when a divorce attorney can help. For example, if you file for an uncontested divorce and your spouse contests the divorce. Our family law lawyers can help you permanently resolve your legal issues so you can move on with your life.
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