What Is an Uncontested Divorce in Texas?

Divorce is a difficult and emotional process, but it can be made easier if both parties can agree on the terms of the divorce. In Texas, an uncontested divorce is when both spouses are able to reach a mutual agreement on all issues related to the divorce, including the division of assets and debts, child custody, and child support. This type of divorce is often less expensive, less time-consuming, and less contentious than a contested divorce.

An uncontested divorce in Texas can be filed when both parties are in agreement on all aspects of the divorce. This includes the division of property, assets, debts, child custody, visitation rights, and child support. If there are no disagreements or disputes, the divorce can proceed as an uncontested divorce.

9 FAQs About Uncontested Divorce in Texas:

1. How long does it take to get an uncontested divorce in Texas?
The time it takes to finalize an uncontested divorce in Texas can vary depending on the complexity of the case and the court’s schedule. On average, it can take anywhere from 60 to 90 days.

2. Do I need a lawyer for an uncontested divorce?
While it is not required to have a lawyer for an uncontested divorce, it is highly recommended. A lawyer can ensure that all legal requirements are met, help with the preparation of the necessary documents, and provide guidance throughout the process.

3. How much does an uncontested divorce cost in Texas?
The cost of an uncontested divorce in Texas can vary depending on several factors, including the complexity of the case and the attorney’s fees. However, it is generally less expensive than a contested divorce.

4. Do I have to attend court hearings for an uncontested divorce?
In most cases, if both parties are in agreement on all aspects of the divorce, there is no need to attend court hearings. The divorce can be finalized through a written agreement.

5. Can I get an uncontested divorce if my spouse does not agree?
If your spouse does not agree to an uncontested divorce, you may have to proceed with a contested divorce. However, it is worth exploring mediation or negotiation options to try and reach an agreement.

6. Can we still get an uncontested divorce if we have children?
Yes, it is possible to have an uncontested divorce even if you have children. However, you will need to reach an agreement on child custody, visitation rights, and child support.

7. Can we change the terms of the divorce agreement after it is finalized?
Once the divorce agreement is signed and approved by the court, it becomes legally binding. However, certain terms, such as child custody and child support, can be modified in the future if there is a substantial change in circumstances.

8. Do I have to disclose all my assets and debts in an uncontested divorce?
Yes, it is important to disclose all assets and debts during an uncontested divorce. Full financial disclosure is required by law to ensure a fair division of property and debts.

9. Can I remarry immediately after getting an uncontested divorce?
In Texas, there is a mandatory waiting period of 30 days before a divorce can be finalized. Once the divorce is finalized, you are free to remarry.