Divorces don’t need to be bitter battles. If a couple reaches a point where they no longer want to remain married but have no ill will towards each other, they can opt to have an uncontested divorce. Uncontested divorces are less expensive, less time-consuming, and less stressful than contested divorces.
However, it is still advisable to hire an experienced uncontested divorce lawyer in The Woodlands. Your attorney will ensure fairness on issues that have long-life impacts on both individuals.
What Is an Uncontested Divorce?
In Texas, an uncontested divorce refers to a divorce where parties get to agree on family issues relevant to their divorce’s dynamics. These aspects include child custody, debt division, child support, and property division. The parties must settle all the aspects before they begin the divorce process.
What Are the Requirements for an Uncontested Divorce?
To qualify for an uncontested divorce in Texas, you must meet certain requirements. These requirements include:
An Agreement on the Legal Reason for Divorce
To get a divorce in Texas, you must use a legally accepted basis. An uncontested divorce is mainly based on no-fault grounds where no spouse accuses the other of wrongdoing. The main reason for this kind of divorce is the marriage becoming insupportable due to clashes or conflicts based on personalities.
It is also possible to file for a no-fault divorce based on separation, but in that case, it is required that you and your partner must have lived separately for at least three years. Most uncontested divorces that are fault-based are unsuccessful. That is because the other party is likely to counter the accusation causing the court to disregard the divorce as uncontested.
According to Texas law, you must meet residency requirements to file for divorce. Either spouse must have lived in the state for at least six months before filing for the divorce. The individual must also have lived in the county where they plan to file for the divorce for at least 90 days.
An Agreement on the Issues Involved in Your Case
Before you file for an uncontested divorce, you must have ironed out all issues involved in your case. If a married couple has difficulty agreeing on the issues that concern them, they might need to find a mediator.
Some of the issues a couple must agree on include:
- Child visitation and custody
- What spouse will pay for alimony, and how much do they need to pay
- Child support
- Allocation of outstanding debts
- Division of personal or real estate property gotten from the marriage
How Do You Get an Uncontested Divorce?
It is easier to get an uncontested divorce in Texas for couples with no assets, real estate property, and minor children together. A couple must ensure they meet all requirements of an uncontested divorce before filing for one. After the couple agrees on the divorce, they then need to:
- Have one party file the divorce petition in the county where the party resides. The party must also fill out a civil case information sheet and any other paperwork they may be required to do according to the county they live.
- Payment of the required fees should then be made to the county where the divorce petition has been filed.
- A responding spouse is then supposed to fill in and sign the waiver of service form in the presence of a notary. The form indicates that the responding spouse does not want to be served with a petition for the divorce. The form should be signed at least a day after filing the divorce petition.
- Both parties later sign and fill out the final decree of divorce. The decree form indicates what property and debt each individual should be responsible for, among other details.
- The parties later appear before the court after 60 days to finalize the divorce.
- The judge finally signs a final divorce decree to show that they have approved the divorce.
What Are the Differences Between a Contested and Uncontested Divorce?
In The Woodlands, Texas, a contested divorce is one where the parties involved can’t agree on the divorce terms. It is also characterized by having a party that is unwilling to negotiate. As a result, these kinds of divorces can drag on for months or even longer. In a contested divorce, you also must state the grounds for the divorce and give the evidence to show that your grounds are factual.
An uncontested divorce is one where the parties involved can agree on the terms of the divorce. Unlike the contested divorce, it takes a shorter time and is less expensive and less stressful since the parties do not have to go back and forth sorting certain issues. Most uncontested divorces are handled privately, while contested divorces cause battles that may make private matters get exposed to the public.
Do We Need an Attorney for an Uncontested Divorce?
Though uncontested divorces may look very peaceful, they still require you to have a lawyer. The most common reasons for hiring an uncontested divorce lawyer in The Woodlands include:
Though the law of Texas requires equitable distribution of property, that is not the case with separate property. A lawyer will help you know what is considered marital property and separate property. After that, they will fight to ensure you get what you deserve.
Decisions on Children
An uncontested divorce lawyer should help you handle child custody. However, only one parent can have physical custody of the children meaning that you need to understand the nuances of custody before making the decision.
Helping You Understand Your Rights
Most times, individuals do not have enough knowledge of divorce cases when they seek a divorce. Fortunately, uncontested divorce attorneys are there to help you understand how certain laws affect your situation.
Helping You With the Divorce Process
Divorce processes are not familiar to many. You are likely not aware of what you need to do and to what point. An uncontested divorce lawyer is there to help you each step to ensure that you satisfy the requirements at each stage without any complications.
The Best Uncontested Divorce Lawyer in The Woodlands
Are you considering filing an uncontested divorce? Do you feel that you are unfamiliar with the uncontested divorce procedures? At Bolton Law in The Woodlands, we ensure the divorce procedure does not stress you out. We offer expert counsel to make sure you get your uncontested divorce within the shortest time possible
Call us today at 281-351-7897 to schedule an appointment today.