In Texas, you can get an uncontested divorce if you and your soon-to-be ex agree on both the grounds for the divorce and any issues in the divorce (such as child custody, property division, child support, and spousal support). An agreed divorce can be completed as fast or as slow as both parties want if you are both really in agreement and able to negotiate on these matters. While you are not required to have legal representation for a divorce, working with an Austin family law attorney can often lead to a better outcome.
The Law Office of Jason Wright represents clients throughout the greater Austin area in a range of family law matters, including both contested and uncontested advice. We offer thoughtful, strategic legal representation that is designed to help our clients get the best possible outcome. To learn more or to schedule a consultation with an Austin divorce attorney, reach out to our law firm today.
What Is an Uncontested Divorce?
The term “uncontested divorce” is most often used when referring to a divorce that doesn’t go to court or when the parties “agree” on all the terms. These issues commonly include the division of assets and debts, child custody and visitation, child support, and the payment of spousal support/alimony. The problem is that most people don’t know all of the issues and areas of the law that parties are required to address. So, when parties don’t know what issues must be addressed, they often don’t really have agreements in place to finalize a divorce.
In most situations, a divorce where the parties agree on terms is significantly quicker and more cost-effective than a divorce that goes to court. However, not every couple will qualify for an uncontested divorce. To move forward with this more streamlined process, a divorcing couple will first have to meet several requirements.
First, at least one spouse must satisfy Texas residency requirements. Under Texas law, at least one party must have lived in the state of Texas for a minimum of 6 months before filing for divorce. One party must have also resided in the county where the case is filed for at least 90 days prior to filing.
Second, the spouses must agree on the legal grounds for the divorce. In the vast majority of uncontested cases, this involves pursuing a no-fault divorce. In a no-fault divorce, neither spouse claims the other is responsible for the end of the marriage. Instead, the parties typically state that the marriage has become “insupportable,” which means that there is no reasonable expectation of reconciliation.
Texas law does allow fault-based divorces, such as cases where one spouse alleges infidelity, abandonment, or cruelty. However, it is uncommon for these types of cases to be agreed. A fault divorce requires one spouse to accuse the other of misconduct, and it is rare for the accused spouse to admit to those allegations. Because an agreed divorce requires consensus on all issues, fault-based divorces are incredibly rare when it comes to uncontested divorces.
Third, both spouses must be able to agree on every issue involved in their divorce. The specific matters that must be resolved will differ from one couple to the next, but they typically include the division of marital property, responsibility for outstanding debts, spousal maintenance, child custody and parenting time, and child support. If the parties are unable to reach an agreement on even one of these matters, the divorce is contested.
If you have questions about whether your case qualifies as an uncontested divorce, our Austin divorce attorneys can help. We will help you understand your rights and options and will advocate for you throughout the process. Even in an uncontested divorce, it’s always a smart idea to have legal representation to guide and advise you.
Filing an Uncontested Divorce in Texas
To file for an uncontested divorce, the appropriate forms must be filed with the local court in the county where you reside, such as the Travis County Courthouse for many residents of the Austin region. The forms that you file will vary based on whether or not you share minor children with your soon-to-be ex and whether or not you jointly own property.
After the initial petition is filed, it must either be formally served on the other spouse. Alternatively, the petition can be filed together with a signed waiver of service. In agreed divorces, spouses often use the waiver option because both parties are already on the same page.
Texas law imposes a mandatory 60-day waiting period for finalizing a divorce. The clock for this waiting period starts when the divorce petition is filed. Once 60 days have elapsed, the parties can finalize their divorce.
While uncontested divorces are faster, they aren’t necessarily less complex than contested divorces. In many cases, the same legal issues exist. Having an Austin uncontested divorce lawyer by your side can help ensure that your legal, financial, and parental rights are protected in a divorce.
Do I Need a Lawyer for an Uncontested Divorce in Texas?
You are not required to have a lawyer to file for a contested or uncontested divorce in Texas. However, even for an agreed divorce, it often makes sense to have legal counsel to assist you with the paperwork and make sure that any divorce agreement that you file complies with Texas law. An attorney can explain what a court would likely decide on each issue, and that clarity is often what actually gets both parties to the table.
First, even an agreed divorce requires a certain amount of paperwork and bureaucracy. In addition to the petition for divorce and final divorce decree, there are often other important documents that must be completed as part of the divorce. For example, if you are dividing property with your spouse, then there will likely be paperwork necessary to effectuate transfers or otherwise change ownership. This may include things like a Qualified Domestic Relations Order (QDRO) for dividing retirement accounts.
Making a mistake with this paperwork can be costly. An Austin divorce attorney can handle all of the paperwork on your behalf, making sure that each document is completed and filed correctly. This can make your divorce smoother and avoid delays in the process.
Second, even in an uncontested divorce, the legal issues can be complex. For example, many decisions made as part of a divorce can have tax implications, including child custody and property division. A lawyer can advise you about these issues and help to ensure that any settlement that you negotiate takes these and other legal matters into account.
There are also many important nuances to Texas family law that many people might not be aware of when they start the divorce process. This includes the difference between marital property and separate property and a spouse’s eligibility for spousal maintenance. Our Austin uncontested divorce attorneys can advise you about these issues and make sure that your settlement is fair and appropriate under Texas law.
Third, even if you have a friendly relationship with your soon-to-be ex, divorce can be emotionally stressful. Having a third party to help you negotiate your agreement can be incredibly important when it comes to actually getting an agreed divorce. For example, you might be stuck on a particular issue because it was a point of contention during your marriage. A lawyer can help you understand what the likely outcome of a trial on that issue would be, and help you figure out if it makes sense to fight for it.
Ultimately, while you are not required to hire a lawyer to handle an uncontested divorce in Texas, it often makes sense. An attorney can often make an agreed divorce possible by outlining the issues and advising you of your legal rights. This can save you money and time in the end because you may be able to negotiate an agreement based on these realities and get a faster, less expensive divorce overall.
Reach Out to Talk to an Austin Uncontested Divorce Attorney
An uncontested divorce is often a less stressful, cheaper, and faster way to get a divorce. If you and your spouse can agree on most issues in your divorce, then we can help you negotiate an agreement to protect your interests. Our law firm assists clients with all types of divorces, from straightforward agreed divorces to highly contentious litigated divorces.
The Law Office of Jason Wright works with clients in the greater Austin area who are dealing with divorce and related issues. Whether you want to negotiate an agreement or take your ex to court, we will advocate for your rights. To learn more or to schedule a consultation with an Austin uncontested divorce lawyer, give us a call at 512-706-9662 or fill out our online contact form.