Going through a divorce is a difficult time for any couple. It can be a stressful and emotional process, and the legal side of things can be complex and hard to understand. That’s why it’s important to have a good understanding of your options and what the process entails. One option is an uncontested divorce in Texas, which can be a simpler process than a contested divorce. Read on to learn more about what an uncontested divorce is, the requirements for one in Texas, the benefits, and how to file and finalize an uncontested divorce in the state.
What is an Uncontested Divorce?
An uncontested divorce is a type of divorce in which the spouses agree on all aspects of the divorce, including the division of assets, child custody, and other issues. This type of divorce is faster and less expensive than a contested divorce, because the couple has already agreed to all the terms of the divorce. The process of filing for an uncontested divorce is simpler than a contested divorce, and it is usually done without the help of a lawyer. In fact, in a simple uncontested divorce with no children and few to no assets to decide, the process can even be initiated online.
Requirements for an Uncontested Divorce in Texas
To file for an uncontested divorce in Texas, both spouses must meet certain requirements. First, the couple must have lived in Texas for at least six months prior to filing for the divorce. The couple must also have been legally married in Texas or another state. Additionally, the couple must agree on how to divide all assets, debts, and child custody. Finally, both spouses must sign a written agreement addressing all issues related to the divorce.
Benefits of an Uncontested Divorce
There are several benefits to getting an uncontested divorce in Texas. First, it is typically much faster and simpler than a contested divorce. This type of divorce may not require a court appearance, and the paperwork can be filed online without the help of a lawyer. Additionally, an uncontested divorce is usually less expensive than a contested divorce, since the couple has already agreed on all the terms of the divorce. Finally, an uncontested divorce can be less stressful than a contested divorce, since the couple has already agreed on all the issues and can move forward with their lives. Even though hiring a lawyer is not necessary in an uncontested divorce, some couples or individuals may choose to do so.
How to File for Uncontested Divorce in Texas
Filing for an uncontested divorce in Texas is a relatively simple process. First, one spouse must file an Original Petition for Divorce, and the other spouse will need to sign a waiver in response.
Once the forms have been completed, the couple must submit them to the court along with the required fee. The court will review the forms and, if it finds them in order, will issue a divorce decree. The divorce decree is the official document that states that the divorce is final and both spouses will need to sign it and appear before a judge to finalize the divorce.
Filing Fees for Uncontested Divorce in Texas
The filing fees for an uncontested divorce vary from county to county in Texas. Generally, the fees range from $100 to $300, depending on the county. Additionally, the couple may have to pay additional fees for court costs, such as the filing of the divorce decree, or for the services of a mediator or attorney, if they choose to hire one.
Mediation and Uncontested Divorce
In some cases, a couple may choose to hire a mediator to help them reach an agreement on the terms of the divorce. A mediator is a neutral third party who will help the couple reach an agreement on all issues related to the divorce, including the division of assets, child custody, and other matters. This can be a beneficial option if the couple is having difficulty reaching an agreement on their own.
Hiring a Lawyer in an Uncontested Divorce
If you are contemplating getting divorced, it is a good idea to consult with a lawyer to determine whether or not your divorce will qualify as “uncontested.” Even if you and your spouse both agree to end the marriage, an attorney can still provide expert guidance and can help ensure you file the correct paperwork and meet the appropriate deadlines.
Uncontested divorce can be a simpler and less expensive option than a contested divorce. It is important to have a good understanding of the requirements and process for an uncontested divorce in Texas. The process involves filing the necessary paperwork, paying the filing fees, serving the other spouse with the papers, and appearing in court for the final hearing. Additionally, it may be beneficial for the couple to hire a mediator and attorney to help them reach an agreement on all issues related to the divorce. With this knowledge, couples can make an informed decision about what type of divorce is best for them.
This blog does not constitute legal advice. If you are seeking an attorney to represent you in a divorce case or provide a divorce consultation in Texas, reach out to Sandoval Family Law today.