Let’s face it, the thought of ending a marriage is stressful enough as it is. However, when you add in the possibility of a long, drawn-out court fight over every little detail, it’s enough to make many people reconsider. It’s always better for all when couples can work through divorce process and come to agreements on issues.
What Is an Uncontested Divorce?
The term “uncontested divorce” is commonly used to describe a divorce that isn’t decided in a court fight. Even in the most agreeable divorces, there are disagreements. An uncontested divorce where both spouses agree on the grounds for the divorce as well as the issues to resolve throughout the process without the need of a judge to decide is often much less traumatic for all involved. The first step to determining if an uncontested divorce is right for you is to make sure that you and your spouse are on the same page in terms of ending the marriage.
Texas law allows for couples to get fault-based and no-fault based divorces. Most couples end up pursuing a no-fault divorce. However, if your spouse was cruel, abusive, unfaithful or abandoned the family, you it’s not likely that you’ll agree on this issue. Texas is a no-fault divorce state. This means that you and your spouse agree that 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.” In other words, you are parting ways based on irreconcilable differences. This does not require the court to determine that one spouse was at fault.
You will need to come to a mutually acceptable arrangement to each of the following:
- The division of your collective assets and debts;
- Issues related to child custody or conservatorship;
- Whether either spouse will pay child support; and
- Whether either spouse will pay spousal support or alimony.
Whether you and your spouse can reach an agreement on these issues depends on how well you can work together, despite your differences. For many couples, the prospect of a lengthy divorce encourages them to negotiate with their soon-to-be-ex.
Benefits of an Uncontested Divorce
The benefits of an uncontested divorce are significant. ” Uncontested divorces” or divorces that don’t go to trial are almost always less expensive as both parties will often save on legal fees.
An uncontested divorce can also be much less stressful because all of the negotiation occurs outside the courtroom.
Preparing for an Uncontested Divorce
Certainly, getting an uncontested divorce requires a little more work upfront because you need to discuss—and agree on—very important issues. However, with a little patience and preparation, many couples find that an uncontested divorce is worth this effort.
To prepare for an uncontested divorce, consider doing the following:
- Create a list of all your jointly-owned and separate assets;
- Create a list of all the debts you and your spouse owe, individually and as a couple;
- Consider which assets are most important to you and which you think are most important to your spouse;
- Discuss issues of child custody and visitation with your spouse; and
- Discuss the idea of spousal support.
It is important not to get frustrated if the conversation doesn’t go as smoothly as you’d hoped. The process of obtaining an uncontested divorce isn’t always a straight and direct road, and sometimes it takes work to reach an agreement.
Contact the Law Office of Jason Wright to Learn More Obtaining a Quick Divorce in Austin
If you are going through a divorce without the help of an attorney, are thinking about getting an uncontested divorce but have questions before making your decision, or are planning to file for divorce but are unsure of where to start, contact the Law Office of Jason Wright. We are ready to go over your options with you and help you decide on what’s best for your situation, always keeping your best interests at heart.
Contact the Law Office of Jason Wright for a consultation by calling (512) 884-1221, or you can complete the online contact form below. We are committed to zealously working to find the solution that is best for you and your family.