Divorce is often perceived as a painful, lengthy, and costly legal battle. While the decision to get divorced can be hard, the process does not have to be acrimonious. For many couples in Texas, an uncontested divorce offers a less contentious, quicker, and more cost-effective alternative. The term “agreed divorce” and “uncontested divorce” are not always synonymous. Parties might agree that they are going to get divorced so the divorce itself is not contested, it’s only an agreed divorce when the parties agree on all the terms of the divorce. Many times parties don’t even know what specific issues they need to decide and agree upon.
A couple can get an divorce in Texas if they meet the residency requirements and agree on all of the issues in their marriage, such as property division, child custody, and spousal maintenance. There is a minimum waiting period of 60 days to get divorced in Texas, even if you agree on these and other matters. Our Austin uncontested divorce attorneys can help you negotiate a settlement agreement that protects your interests and allows you to get a faster, less expensive divorce.
The Law Office of Jason Wright is dedicated to providing the highest quality legal representation to clients throughout Travis County. We know that going to court is often not the best option for a divorce case, which is why we work hard to help our clients negotiate an agreement when possible. Contact our law firm today to schedule a consultation with an Austin family law attorney.
What Are the Requirements for an Uncontested Divorce in Texas?
To get divorced in Texas, you first must meet the residency requirements. This means that at least one spouse must have lived in Texas for at least 6 months prior to filing for divorce. In addition, at least one spouse must have been a resident of the county where the petition was filed for 90 days prior to filing.
Texas has both no-fault and fault-based divorce. To get an agreed divorce, you will probably be requesting a no-fault divorce, which means that the marriage has become insupportable. All or nearly all uncontested divorces are no-fault.
A fault-based divorce requires proof that your spouse did something wrong, which is almost always contested. If any aspect of your case is in dispute, including the grounds for divorce, it cannot be an uncontested divorce. Because fault can affect things like property division, it is highly unlikely that your spouse will agree that they were at fault for the end of the marriage.
Next, you will need to come to an agreement on all issues in your divorce. These issues will vary based on the particulars of your marriage. Common issues in a divorce include:
- The division of marital assets (community property)
- The allocation of any debts from the marriage
- Whether either spouse will pay the other spousal support (alimony), and if so, the amount and duration of support
- Child custody and visitation (known as conservatorship and possession in Texas)
If you cannot agree on any of these issues, then by definition it’s no longer uncontested. Even if your dispute is relatively minor, such as over who gets the dining room set from your marital home, you will have to work it out before you can get an agreed divorce in Texas. Your attorney or even a third-party mediator can often help you work out a marital settlement agreement so that you can move forward with an agreed divorce.
The requirements for an uncontested divorce in Texas are relatively straightforward, but not necessarily simple. Agreeing with your soon-to-be ex can be challenging even when it doesn’t involve your money and your kids. If you would like to get an agreed divorce but aren’t sure if you can come to an agreement, our Austin divorce attorneys can help you understand your rights and help you negotiate an agreement that protects your interests.
How Long Does It Take to Get an Uncontested Divorce in Texas?
The length of time that it takes to get an agreed divorce in Texas can vary. As an initial matter, it is important to understand that Texas has a waiting period of 60 days to get divorced. Even if you and your spouse agree about absolutely everything, the court cannot finalize your divorce until 60 days after you file your initial divorce petition.
As a practical matter, getting an uncontested divorce often takes longer than 60 days. It simply takes time to put together the paperwork and reach an agreement with your spouse. You might also have to wait for things like real estate appraisals so that you know exactly how to split your marital property.
When you file for an uncontested divorce, you will need to complete an Original Petition for Divorce. This form requires information about your marriage and what you are asking for in the divorce. After completing and signing the forms, you will need to file them in the court in the county where you live.
After the divorce petition has been filed, the paperwork must be served (delivered) to your spouse. For an uncontested divorce, your spouse will almost certainly sign a Waiver of Service Only, which allows you to bypass the formal service method required by Texas law. Your spouse can also sign the Final Decree of Divorce, which sets out the provisions of your divorce agreement.
If your spouse does not sign the Final Decree of Divorce and chooses to respond to the divorce petition, that adds some additional steps to the process. If your spouse doesn’t respond to the petition or sign the Final Decree of Divorce, then you can still get a divorce by default judgment. However, this may take more time because you will have to provide evidence to support the requests that you made in the divorce petition.
While these legal steps can take time, the biggest hurdle to getting an agreed divorce often comes from reaching an agreement. Unless you and your spouse do not own property together or share kids, there are usually a fair number of details to hammer out before you can finalize an agreement. This can take some time.
Having a skilled lawyer by your side can make the process easier and more streamlined. Even if you aren’t planning on going to trial, understanding your legal rights and likely outcomes can help you come to an agreement more quickly. For example, if you understand how a court will likely divide up your marital property, you might be more motivated to reach an agreement.
Our Austin divorce attorneys are skilled at helping couples navigate these issues. Whether through informal negotiations or mediation, we can help you put together an agreement so that you can pursue an agreed divorce instead of dealing with the time, stress, and expense of litigation.
Is an Uncontested Divorce Less Expensive than a Contested Divorce?
While each case is different, uncontested divorces are almost always cheaper than contested divorces. The reason why is simple: even if you hire lawyers, you probably won’t need to pay for hundreds or thousands of hours of their time. The term “agreed divorce” and “uncontested divorce” are not always synonymous. Parties might agree that they are going to get divorced so the divorce itself is not contested, it’s only an agreed divorce when the parties agree on all the terms of the divorce. Many times parties don’t even know what specific issues they need to decide and agree upon.
In some cases, it may be possible to get an agreed divorce without an attorney. In these situations, your only expenses may be the court filing fees. This typically is a few hundred dollars, although it may be possible to get those fees waived if you cannot afford them.
It is generally a good idea to at least talk to an attorney before filing for an agreed divorce. A lawyer can give you a basic understanding of your rights and options. They can also review your settlement agreement to make sure that it complies with Texas law and protects your rights.
If you share minor children, are splitting retirement accounts, or have more complicated assets, you should get a lawyer to help you with the process. They can draft a settlement agreement for you, along with other necessary documents (such as a qualified domestic relations order, or QDRO, to split retirement accounts). An attorney can also help you negotiate a settlement agreement using their skills and knowledge of Texas family law.
No matter what route you choose, an uncontested divorce will usually be significantly faster, cheaper, and less stressful than a contested divorce. If you are considering getting divorced, our Austin divorce attorneys can help you understand your rights and negotiate an agreement.
Reach Out to Talk to an Austin Agreed Divorce Lawyer
If you are getting divorced, it makes sense to consider whether an agreed divorce is an option. This type of divorce can be far more streamlined and less expensive compared to a traditional divorce. Our Austin divorce lawyers can help you navigate the process.
At the Law Office of Jason Wright, we offer practical, strategic legal representation for clients going through divorce and other family law matters in Travis County. From the outset of your case, we will give you straightforward advice on the advantages of working out an agreement versus going to trial. Our goal is to help you make a decision that helps you meet your goals in your divorce, including saving money, time, and stress. To learn more or to schedule a consultation with an Austin agreed divorce attorney, give us a call at 512-706-9662 or fill out our online contact form.