Uncontested Divorce in Texas: What You Need to Know

It is true that everyone gets married with dreams of that fairy-tale kind of forever love, but reality mostly has other plans. In fact, close to half of marriages find their way into divorce court.

Among the routes available, an uncontested divorce can then be an option that is less adversarial in nature to separate ways; not only is this approach faster, but it is usually much more cost-effective than fighting it out with full legal warfare.

Knowing your options and how uncontested divorce works may save you from headaches and financial strains later on. Let’s look into why this may be the best course of action in the state of Texas, should you be considering marital dissolution. 

Uncontested Divorce Process How it Works Understanding Uncontested Divorce

The uncontested divorce essentially is when both spouses are in full agreement on the major decisions of division of assets, debt responsibilities, and, if applicable, child custody and support. This mutual agreement smoothes out the entire process and most times is faster. 

On the other hand, a contested divorce involves each party disagreeing on those issues, thus resorting to more difficult negotiations or perhaps litigation, which could extend the process for months or even years.

Uncontested means you are filing together and your paperwork reflects that everything is agreed to; therefore, you typically would not need to go to trial or make multiple appearances to the court.  

Eligibility and Court Scrutiny in Uncontested Divorce

The smooth process of an uncontested divorce is important, and it’s required to understand just who qualifies for this option. Texas requires that both parties not only agree upon the divorce itself but also on every detail within their final settlement agreement.

Eligibility is based on the complete agreement of spouses on asset division, child support, custody arrangements, and any other financial obligations. In addition to agreeing, the parties also must meet residency requirements-at least one spouse must have resided in Texas six months on or before filing.

Agreements involving children are often of utmost concern to courts and ensure that every decision arrived at is in their best interest. A court will reject the proposed agreement if it believes such an agreement does not serve the ideal best interest of the children or when an agreement was made without full disclosure by one or both parties.

Basic Steps for Uncontested Divorce in TexasSteps to File Uncontested Divorce in Texas

There are a couple of critical steps in the process of negotiating through an uncontested divorce. First, one spouse files the original petition for dissolution of marriage at the district clerk’s office, filing and paying the filing fee and completing accompanying paperwork such as the civil case information sheet. This will set the divorce in motion formally.

This is done to fast-track the process so that, instead of serving legal notice through conventional means-as all this can delay everything-the other spouse can go in front of a notary and sign the waiver of service. Afterwards, both parties will settle their agreement by filling out and signing the final divorce decree containing all the terms of the agreement.

Then, a statutory 60-day period is given in which both spouses must reconsider their decision to obtain divorce. After the cooling-off period, the case comes for appearance before the court where both spouses can present their views briefly, if needed. The judge takes note of all and, after the satisfaction of all, signs the decree—witnessing the end of marriage.

Cost Associated with an Uncontested Divorce in Texas

The biggest expenses of an uncontested divorce are the filing and attorney fees. Filing fees differ depending on the county, with most ranging from $200 to $300. Utilizing an attorney obviously adds to the fee; however, the benefit of representation is that things get done a lot faster and expensive mistakes can be prevented.

“Even with attorney fees-which can start around $1,000 for uncontested cases-this approach remains significantly cheaper than a contested divorce where spiraling litigation costs easily climb higher into the thousands,” says Texas Family lawyer Matt Towson of the Towson Law Firm, PLLC law firm.

Wrapping It Up

An uncontested divorce process in Texas can, indeed, grease what is considered the rough patch. Knowing your stuff and seeking professional advice will go a long way in keeping your costs down but also provide for a smoother process without falling into some of the common pitfalls. 

Remember, by seeking mutual agreement upfront, it provides a path forward for both parties to begin the healing process with fewer headaches and financial devours.