An uncontested divorce can be a fairly simple process in Texas, though it still matters careful consideration and the help of an attorney.
Every divorce is different, as couples have a variety of priorities and concerns. In Texas, some couples may opt for an uncontested divorce. This can be a simpler and quicker process than a separation that requires litigation or mediation. Before proceeding with this option, couples should have an understanding of what is involved.
When is it a good idea?
As the Texas Courts points out, people who want to have an uncontested divorce should only do so if they agree on every topic possible. A disagreement about any of the following should be addressed through a contested divorce:
- Child support and custody issues
- The division of property and debt
- Spousal support, if necessary
As the law points out, courts can grant a divorce without assigning fault to either party. However, it is also possible for one spouse to list a reason for the divorce, such as adultery. If that is the case, then an uncontested divorce is not recommended.
What is the process?
The process for a divorce that is not contested is much simpler than the alternative because there is no back and forth regarding the major decisions. The paperwork outlining the terms of the separation is created, reviewed, signed and submitted to court. For many people, there is no need to go to court. Once the court approves the paperwork, the agreement is considered final and the terms are legally binding.
How long does it take?
Due to its simplistic nature, an uncontested divorce can move fairly quickly. While every case is different, it is not uncommon to complete the process in just a few short months or even less.
Do I need an attorney?
A major misconception in uncontested divorce is that an attorney is not necessary. However, it is always important to have a lawyer review the documents to ensure that someone has not been shortchanged or that there is nothing in the paperwork that could be cause for concern down the line.
An experienced attorney knows what to look for in these agreements. Without one, it is possible for one spouse to sign a document that is inherently unfair to him or her. The lawyer can also take on the responsibility of filing the paperwork and ensuring that the court has everything necessary to complete the process quickly. It is important to point out that both spouses should have their own attorney.
An uncontested divorce can be a great option for people who meet the criteria. People who have concerns about this topic should speak with a family law attorney in Texas.