The Benefits of an Uncontested Divorce – A Complete Guide

An uncontested divorce in Texas is a game-changer for many couples looking to put the past behind them and gallop toward their future. However, this type of divorce can only be achieved if all material issues, including property division, spousal support, and custody, have been settled.

Are you one of these couples?

Less Expensive

While it may be unrealistic to think that every divorce will be an uncontested divorce, if you and your spouse agree about major issues such as property division, spousal support and child custody, the process can be much less expensive than a contested divorce. This is because the filing fees are significantly lower when you file for an uncontested divorce.

In addition, you are likely to spend much less on your lawyer’s billable hours when you pursue an uncontested divorce. Additionally, there are typically fewer miscellaneous court fees involved, as well.

While you can complete the uncontested divorce forms independently, many people find it helpful to hire an experienced s divorce attorney. A Divorce attorney knows how to file an uncontested divorce in Texas. These attorneys can help you avoid costly mistakes and ensure all the necessary details are included in your final divorce settlement. They can also ensure that all of the required steps are taken before you can officially divorce your spouse. This can save you money, time and stress in the long run.

Less Stress

Divorce is stressful enough, but contested divorces are particularly emotionally draining. Couples are often faced with intense arguments that lead to a loss of control over their lives.

In uncontested divorces, spouses can work together to resolve their issues and settle on terms for property division, custody, child support, and more. This helps to minimize anger and maintain a more amicable co-parenting relationship, which is especially important if children are involved.

Aside from the fact that an uncontested divorce is less expensive, it also tends to be much less stress-inducing for spouses. Contested divorces can drag on for months or years due to disagreements over several issues. On the other hand, an uncontested divorce is typically faster because spouses can agree on all the divorce-related issues.

However, it is important to note that couples must meet residency requirements to file for an uncontested divorce in Texas. For instance, both spouses must have lived in the state for at least six months. In addition, one spouse must prove that they have grounds for a divorce, such as insupportability or three years of separation.

Less Time Consuming

In an uncontested divorce, both spouses agree on all the terms of their divorce. This means there’s less to argue about, so the process can be much faster and easier than a contested divorce. However, it’s important to have a qualified Austin divorce lawyer handle your legal paperwork to ensure everything is filed correctly.

The first step in an uncontested divorce is filing the necessary paperwork with the court. This can be done online, by mail or in person and will require a filing fee. The next step is serving your spouse with a copy of the divorce papers. This can be done by a sheriff’s deputy or by hiring a process server. Once this step is completed, you must attend a hearing where the judge will sign your divorce decree.

A contested divorce may take six months to a year or more to finalize, but an uncontested divorce can be completed in 60 days or less. This is because couples can agree on the terms of their divorce, such as alimony, child custody and property division.

Less Painful

A contested divorce in Texas can be extremely stressful, especially when emotions run high. On the other hand, an uncontested divorce can be much less painful for couples who can work together and agree on the terms of their separation.

This type of divorce can be achieved by attending mediation sessions where a neutral third party helps couples communicate and agree on their divorce-related issues. Typically, these mediated agreements will be included in a final divorce decree filed with the court. This will ensure that the negotiated terms are legally binding and can be enforced by the court if necessary.

However, couples who choose to participate in a mediation session must still meet the residency requirements for divorce in Texas. In addition, both parties must understand that the resulting settlement is only as good as the information they provide to the mediator.

It’s also important to remember that even though an uncontested divorce is less conflict-ridden, it can still be emotionally stressful. This is why seeking support from friends, family, or a counselor is important as needed.

Less Stressful

The ending of a marriage is always challenging. It can be emotionally difficult and stressful, but it doesn’t have to be as complicated or lengthy as some people may think. In Texas, couples who meet certain conditions can pursue an uncontested divorce and resolve all relevant issues like property division, spousal support, and custody through a simpler process.

Unlike contested divorces, an uncontested divorce doesn’t require spouses to prove that one of them did something wrong. Instead, spouses must agree that the marriage is insupportable and wish to end it.

Couples who meet the requirements of an uncontested divorce typically agree on all divorce-related issues like property division, spousal or child support, and visitation rights. Even though an uncontested divorce is less complicated than a contested divorce, spouses must still wait for a minimum of 60 days and appear in front of a judge before the case is resolved. However, the court proceedings are less intrusive than contested divorces, and the information shared with the judge is limited. This can help spouses minimize conflict and avoid exposing sensitive information to the public.