Uncontested Divorce Texas
Uncontested Divorce Texas
When both spouses agree about all terms of the divorce it becomes an uncontested divorce. This type of divorce is much faster and easier compared to divorce that takes place in front of a judge. The process is more straightforward if there are no children involved in the divorce. Just like any other divorce, any of the spouses can file and notify the other spouse in an uncontested divorce.
Since it is uncontested, one of the spouses may agree to pay for the attorney of the other spouse. However, you and your ex-spouse cannot be represented by the same attorney. You can only have one attorney if you agree on all issues in the divorce. In an uncontested divorce, the other spouse signs all the relevant documentation after being served.
Terms Parties Agree On In Uncontested Divorce
The terms they may agree on include:
- Dividing debts and property
- Being onboard about getting divorced
- Visitation schedules for the non-custodial parent
- Duration and amount of spousal support
- All issues concerning the child’s welfare, health and more
You cannot force your spouse to agree to have an uncontested divorce. If there are a few terms you do not agree on, you may have to go to court. You can also see this article at Goldsberrylaw.com for more information on the difference between contested vs uncontested divorce.
Residency Requirements For Filing For A Non-contested Divorce
You have to have been a resident of Texas for a continuous 6 months and a resident of the county in which you want to file for a continuous 90 days to file for divorce. If you have just moved to Texas and want to file for divorce, you will have to wait until it is appropriate to file. However, only one party has to meet the residency requirements for you to file. So if you no longer live in Texas, you can still file for divorce in the Lone Star state as long as the other spouse meets Texas residency requirements.
Grounds For Divorce
You do not have to provide a reason for your divorce to be granted. In fact, you can ask for a divorce simply based on the fact that you are no longer interested in staying married. This is what is called a no-fault divorce. A no-fault divorce is less complex than one that is based on specific concrete grounds, and for that reason it may take a shorter period to finalize.
A divorce filed on certain concrete grounds is complex because the spouse that filed needs to provide evidence for those grounds. For example, if you file for divorce because your spouse’s adultery, you will have to provide evidence of that adultery. That may mean carrying out an investigation to prove that the other spouse committed adultery. Apart from adultery, other grounds for divorce include:
- One spouse being confined in a mental hospital
- Domestic violence
- Spouse living apart for years
- A spouse gets convicted of a felony
While pleading for fault in a divorce may force you to produce evidence and so on, it can help you get a disproportionate share of the community property. The judge may give you a disproportionate share because the judge feels that you were treated poorly.