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Uncontested Divorce: Facts and Process
What is an Uncontested Divorce?
In Texas, an uncontested divorce is one in which both parties can successfully agree on each family law issue, including the reason for the divorce related to their case. It is also known as a no-fault divorce.
Contested vs. Uncontested Divorce
If both spouses are unable to agree successfully on every issue, the divorce cannot be uncontested and would then be considered contested. If it is contested, your case must be presented in court for the judge to decide.
How an Uncontested Divorce Works
To file for an divorce in the state of Texas, you must meet three basic requirements:
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Texas Residency
To file for divorce in Texas, one spouse must have lived in Texas for at least six months before filing and must have lived in the county where the divorce will be filed for at least 90 days.
Agreement on the Reason for Your Divorce
In Texas, a legally accepted reason or ground is needed for a divorce; both fault and no-fault grounds are allowed. In a no-fault or uncontested divorce, neither spouse places blame on the other spouse for any wrongdoing. The most common reason for an uncontested divorce in Texas is that the marriage has become insupportable, either because of incompatibility or irreconcilable differences.
Spouses who have been separated can use their separation as grounds for an uncontested divorce; however, it is required that the spouses must have lived separate and apart for at least three years without cohabitation.
Agreement on Every Single Divorce Issue
Before filing for an uncontested divorce in Texas, you and your spouse must agree on all issues in your divorce case, which includes:
- grounds for divorce
- division of personal property, community property, and real estate
- allocation of any outstanding personal and marital debt
- Whether either spouse will pay the other spousal support (spousal maintenance)
- name changes
- child custody and visitation for any dependent children from the marriage
- child support and the responsibility for medical/dental expenses and health insurance for any dependent children from the marriage
- any other divorce-related issues
When it’s challenging for spouses to reach an agreement on any divorce issues, mediation can help them find solutions. Most mediators will prepare a document with the details of any agreements the parties reached during the mediation process, which can be used to prepare their property settlement agreement.
Process for an Uncontested Divorce
If the Texas uncontested divorce requirements have been met, an uncontested divorce can be filed. The following steps need to be followed for a successful, legal, uncontested divorce.
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Step 1: Preparing the Divorce Paperwork
One party must obtain an Original Petition for Divorce in the county of their residence. Once the divorce petition has been completed, it notifies the other spouse and the court that they are filing for divorce. The filing party also needs to complete a Civil Case Information Sheet. Some Texas counties may require some additional paperwork.
Step 2: Filing the Petition for Divorce
Once the required paperwork has been completed and signed, it must be filed with the court for the county where you or your spouse have lived for the last 90 days. You’ll need to provide the district court clerk with your original paperwork and two copies. You can hand-deliver hard copies to the district court clerk’s office, or you can use the court’s electronic filing system.
The filing party is responsible for paying the applicable fees. Fees vary by county but usually range between $150 and $300.
Step 3: Spouse’s Signature
Within one day after the Petition for Divorce has been filed, the responding spouse can sign a Waiver of Service before a notary that states they don’t wish to be formally served by a process server or sheriff.
Step 4: Finalize the Settlement Agreement
When the parties finalize their settlement agreement, each party will fill out and sign the Final Decree of Divorce. The divorce decree has all the necessary information to address assets, debts, property, retirement funds, child custody and visitation, child support, name changes, spousal support, and other pertinent information.
Step 5: 60-Day Waiting Period
The state of Texas requires a 60-day waiting period before a final divorce decree is entered. This waiting period applies even to an uncontested divorce when the parties agree on every issue.
In family violence cases, your attorney might be able to help you bypass the 60-day waiting period according to the Texas Family Code.
Step 6: Uncontested Divorce Final Hearing
One or both parties need to appear in court before the judge to finalize an uncontested divorce. The judge will review all legal documents and question all parties present. If the judge approves the divorce, they will sign the Final Decree of Divorce, finalizing it.
Advantages of an Uncontested Divorce
- An uncontested divorce costs less overall.
- Even if each spouse hires an attorney to help with an uncontested divorce, it’s less expensive.
- It’s often faster to get an uncontested divorce than a contested one.
- Spouses tend to maintain a civil relationship with each other, which is essential if they are co-parenting.
- The likelihood each party will follow court orders after the divorce is finalized is higher since the parties created the settlement agreement together.
Need for Attorneys in an Uncontested Divorce
Even for an uncontested divorce, you’ll still want an experienced family lawyer to help you with your divorce. A divorce attorney knows state and local laws and will ensure nothing is missed that could lead to long-term issues. They’ll also ensure mistakes aren’t made regarding paperwork and filing.
A family law attorney will ensure the property settlement in your uncontested divorce is fair and equitable. They’ll protect your children’s best interests if you have minor children. Hiring a divorce lawyer will be beneficial if your uncontested divorce is also military or you were married by common law.
