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What is an Uncontested Divorce?

What is an Uncontested Divorce?

Divorce can be one of the most devasting and adversarial experiences couples go through, but the process is made easier when a divorce is uncontested. So, what is an uncontested divorce? If you and your divorcing spouse can communicate and agree on the issues, Texas allows you to file for an uncontested or “agreed” divorce. This is a simplified process that is relatively fast, and you may qualify if you meet the criteria that includes:

  • Both spouses agree to a divorce and on the “grounds” for the divorce
  • You do not have minor children together, own property together, have retirement benefits to divide, or seek alimony
  • There are no ongoing bankruptcy cases.

Even if your divorce is uncontested, one spouse still has to get the ball rolling and file the paperwork for divorce. The compassionate divorce attorneys at Evans & Herlihy understand that even an uncontested divorce is stressful and can help take the burden off you by making sure everything is done properly and in a timely manner in accordance with Texas law.

We offer a free, no-obligation consultation to discuss the individual circumstances of your case and determine whether an uncontested divorce is right for you. Call us today at (512) 732-2727.

Do I Need a Lawyer for an Uncontested Divorce?

Do you need a lawyer for an uncontested divorce? In short, no. In Texas, the laws are complicated, and making mistakes can cause your divorce to be dismissed and the process to have to start all over again. Having a lawyer on your side provides support and the peace of mind of knowing everything will be done correctly and according to the law. In addition, if unexpected issues arise during the divorce process, your lawyer can take steps to prevent an uncontested divorce from degenerating into a costly and nasty contested one.

Filing for Uncontested Divorce Requires the Following Forms

  • Civil Case Information Sheet
  • Bureau of Vital Statistics Form
  • Petition for Divorce
  • Waiver of Service
  • Certificate of Last Known Address
  • Final Decree of Divorce, and
  • Affidavit of Military Status.

If you have minor children together you must also file:

  • Child Support Worksheet, and
  • Income Withholding for Support Order.

You must also agree on issues that include parental visitation and who is responsible for making decisions such as medical, educational, religious, and psychological decisions for the children.

Texas Divorce Laws Your Lawyer Can Help With

The following are Texas laws you should know as they may affect uncontested divorce:
Grounds: There are six fault grounds for divorce, but for an uncontested or agreed divorce, you must file with reference to the no-fault divorce reasons of an insupportable marriage or living apart. According to Tex. Fam. Code Ann. § 6.001 “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

Children: If you have minor children, you will not qualify for uncontested divorce, but you may be able to utilize the “agreed divorce” process if:

  • Both spouses agree on child custody and child support issues
  • There are no court orders regarding these issues already in place

Residency: Texas’ residency requirement is that at least one spouse must have resided in the state for at least 6 months and live in the county where you are filing for at least 3 months before filing for divorce. You may get divorced in Texas even if you married in another state or if one of you now resides in another state, as long as the other spouse is a Texas resident.

Court appearance: The Texas Family Code requires at least one divorcing spouse to appear before the court and give testimony. This is to answer basic general questions and to inform the court of the final terms of the divorce. In some cases, courts will give permission for this appearance to be made through a telephone or by written deposition.

Texas Community Property Rule: In Texas, the community property rule means that everything either you or your spouse owns is owned by both of you. This property must be divided, and the judge must approve the property division in your final divorce decree.

To get support in handling your uncontested divorce and to make sure everything in your case is done correctly, call Evans & Herlihy at (512) 732-2727 today.

How Long Does It Take to Get an Uncontested Divorce in Texas?

When you want your divorce proceedings to end quickly, you likely want to know how long it takes to get an uncontested divorce in Texas. If you have met the residency requirements and filed all papers correctly, according to Tex. Fam. Code Ann. § 6.702, there is a 60-day waiting period before a judge will finalize your divorce. After this time, the court clerk will set a final hearing with the judge to complete your divorce. You and your spouse may not marry anyone else until at least 31 days after receiving the final divorce papers.

How Does an Uncontested, or “No contest,” Divorce Work in Texas?

There are two ways to obtain a no-contest divorce in Texas. Either:

  1. Both spouses agree to the terms of the divorce decree for an uncontested divorce, or
  2. One spouse fails to file a written response contesting the terms in the divorce proceeding.

Call Our Texas Divorce Attorneys to Help with Your Uncontested Divorce

Texas divorce law is complicated and making mistakes can be costly. If you are anticipating divorce, don’t agree to anything in writing with your spouse until you’ve talked to a divorce lawyer at the Evans & Herlihy Law Firm

Our attorneys understand the sensitive nature of divorce and the strain it puts on families. We work efficiently to resolve any disputes that arise during the divorce process, to ensure that the outcome is beneficial for our clients and their children. We help our clients negotiate with their spouses and their spouses’ attorneys to achieve an uncontested divorce or fight for the best possible outcome if it is necessary to resort to a traditional divorce.

To make sure your interests are represented in a divorce, call us today at (512) 732-2727 for a free consultation.