What is needed for an uncontested divorce in Texas?

Thinking about an uncontested divorce in Texas? If you and your spouse are on the same page about ending your marriage and can agree on all the important issues, then an uncontested divorce might be the right path for you. This blog post will guide you through the requirements and steps involved in an uncontested Texas divorce. But remember, this is not a substitute for personalized legal advice.

At Warren & Migliaccio, L.L.P., our team of experienced family law attorneys in Richardson, Texas understands that divorce can be a stressful and emotional experience. We dedicate ourselves to helping clients navigate the legal process efficiently and with minimal stress. We highly recommend scheduling a free consultation if you have questions specific to your situation. Call us today at (888) 584-9614 to discuss your case.

Benefits of an Uncontested Divorce in Texas

Before diving into the specifics, let’s explore some of the advantages of an uncontested divorce in Texas:

• Faster and Less Expensive: Uncontested divorces typically move through the court system quicker and cost significantly less than contested divorces which involve lawyers battling it out in court.
• Reduced Stress: The lack of contention significantly eases the emotional strain on both parties, particularly with children.
• More Control: An uncontested divorce allows you and your spouse to determine the terms of your divorce agreement, giving you more control over the outcome.

Qualifying for an Uncontested Divorce in Texas

The first step determines whether you qualify for an uncontested divorce in Texas. The Texas Family Code outlines three main requirements (https://statutes.capitol.texas.gov/Docs/SDocs/FAMILYCODE.pdf).

• Residency: One or both spouses must have lived in Texas for at least six months before filing for divorce. The petitioner (the spouse filing) must reside in the county where the divorce is filed for at least 90 days (Texas Family Code § 6.301 (source)).
• Grounds for Divorce: Texas is a “no-fault” divorce state, meaning you don’t need to prove your spouse did something wrong to get a divorce. The most common grounds for divorce in uncontested cases is “insupportability”. This means the marriage is broken with no reasonable hope of reconciliation (Texas Family Code § 6.001 (source)).
• Agreement on All Issues: This is the crux of an uncontested divorce. Both parties must agree on all the terms of your divorce settlement, including:
  • Division of Property and Debts: This involves determining how to fairly distribute all marital assets and liabilities acquired during the marriage (Texas Family Code § 4.001 (source)).
  • Spousal Support (Alimony): Texas courts consider various factors when determining spousal support, and the agreement should specify the amount, duration, and conditions of any alimony payments (Texas Family Code § 8.051 (source)).
  • Child Custody and Visitation (if applicable): If you have minor children, you’ll need to create a parenting plan that outlines their living arrangements, decision-making responsibilities, and visitation schedule (Texas Family Code § 151.001 (source)).

Questions to Consider Before Filing for an Uncontested Divorce

• Are You Sure About Divorce? Divorce is a permanent decision. Take time to reflect on whether reconciliation is an option before moving forward.
• Do You Fully Understand Your Financial Situation? Gather documentation of all your assets, debts, income, and expenses to ensure a fair property division.
• Do You Have Children? If so, prioritize creating a child custody and visitation plan that serves their best interests. Consider seeking the guidance of a child therapist to help your children navigate the emotional impact of divorce.
• Do You Have a Clear Understanding?

Uncontested Divorce In Texas (2024 Guide)

Do all your exes live in Texas?

You’ll be glad to know that an uncontested divorce is the quickest and most affordable way to end a marriage in Texas. (Annulments apply only to invalid marriages.)

Unfortunately, uncontested divorces require you and your spouse to agree on everything concerning the divorce. However, once you’ve crossed that hurdle, the process is fairly simple. 

What is an Uncontested Divorce?

Divorces can be a contentious process. Filled with dispute and disagreement around the issues and fine details. However, this isn’t always the case. An uncontested divorce is where both parties involved agree on important topics. Like property division, custody of the children, and the reason for the divorce.

Having nothing to contest is a time and cost-saver for many couples, but the path to finalizing a settlement agreement comes with requirements. If you are exploring uncontested divorce in Texas, the following information will be important to know.

Texas Uncontested Divorce Requirements

After the pandemic, the way many people worked, changed. Workers realized they could live anywhere, so they begin to look for better opportunities. With a cost of living 7% lower than average, it’s no surprise that Texas has had many new residents.

Simply living in the state isn’t always enough to qualify for eligibility. In fact, there are specific residency requirements for uncontested divorces in Texas, for both you and your soon-to-be-ex.

Texas Residency Requirement

The residency requirements for those seeking an uncontested divorce in Texas applies on two levels:

• Firstly, at least one person in the relationship must have been a resident of Texas for at least 6 months.
• Secondly, once the first requirement has been met, that person must have been a resident in a specific county of Texas for a minimum of 90 days prior to filing for divorce.

Uncontested Issues

An uncontested divorce in Texas falls under the umbrella of ‘no-fault’ divorces. This means that a spouse doesn’t have to prove to the court that their reasons for wanting to end the marriage are valid.

The no-fault grounds for a divorce in Texas are:

• Insupportability: This is where one or both spouses believe that there is nothing left to salvage in the marriage because of discord or conflict of personalities, and the only possible next step is divorce. In the case of insupportability, the divorce will be granted whether or not the other agrees.
• 3 years or more living apart: If either spouse can prove that they have not lived together for three consecutive years, a divorce may be granted.
• Confinement to a mental hospital: If a spouse has a mental disorder so severe that they have been confined to a mental hospital for three years prior to the divorce, and the possibility of improvement is slim, then a no-fault ground for divorce will also apply.

However, to be eligible for an uncontested divorce in Texas, not only do you have to agree on the reason for the divorce, but you’ll also need to agree on:

• The division of assets and debts acquired during the marriage
• The custody and visitation schedule for any children you have
• If spousal support (alimony) is appropriate, and what the terms will be

If you or your spouse believes that the other is at fault, it’s unlikely that an uncontested divorce is possible. This is because a fault-based divorce implies that one of the spouse’s misconduct is the reason for the marriage ending.

Naturally, blaming the other spouse for the marriage falling apart is likely to be challenged and lead to disagreement. However, if you and your spouse can work all that out, here is how you can get an uncontested divorce.

How to Get an Uncontested Texas Divorce

It doesn’t matter if a spouse is at fault, or if both spouses are in agreement, either way, divorce is a legal process. There are steps involved that everyone must follow, regardless of how amicable the ending may be. Here are three steps to getting an uncontested divorce in Texas.

1. Prepare your Uncontested Divorce Forms

   • Once you know where to file, you’ll need to get your divorce forms in order. If you reach out to the district court clerk, they may be able to provide you with guidance as to what forms are necessary in your specific circumstances. You can also find help on the Texas Gov website. Generally, there will be forms that must be filled out if you and your spouse have any minor children and if you and your spouse own any real property. No matter where you’re filing or what your situation is, you need to file an Original Petition for Divorce to begin your case. If your spouse is working with you to expedite the process, you may also want them to sign a Waiver of Service Only. Make two copies of all your required documents before you go to file.

2. File for an Uncontested Divorce

   • There are two ways you can file for an uncontested divorce in Texas:
     1. File with an Online Divorce Service
        • Going to a court county clerk may seem intimidating for some. And in a world where so much of our lives are online, it’s understandable why someone may prefer to deal with their divorce in that way too. Filing for a divorce is made simple with online divorce services , where attorneys can review your documents before you file, and submit on your behalf without any need to print and mail any paper. The benefits to this is that it can be faster, less stressful, and easier to initially navigate than in-person alternatives. The disadvantages of this is that some companies don’t provide customizable templates for nuanced situations, they may charge extra if you need to print or mail a document, and support throughout the process may be less hands-on.
     2. Do It Yourself
        • Doing it yourself can be online through the eFileTexas self help site which takes you through a guided process from a multiple-choice interview, to the documents you need to submit. Doing it yourself can also be done offline by filing an Original Petition for Divorce at the relevant courthouse, confirming that you meet Texas residency requirements, and any other relevant information about your marriage. If you have minor children, you will also need to submit the Information on Suit Affecting the Family Relationship form. In the case of an uncontested divorce in Texas, you and your spouse will also need to submit a Final Decree of Divorce form.

3. Attend Your Final Divorce Hearing

   • After you file for divorce, there is a mandatory 60-day waiting period before the final hearing can be scheduled. The final hearing will involve the judge reviewing the submitted documents to make sure everything has been done properly—these hearings are often very short. After the hearing, the judge will sign the Final Divorce Decree and it will be recorded with the clerk. If you file and your spouse does not cooperate, however, they have until the Monday after the 20th day you filed the papers to answer the petition for divorce and can contest anything in your initial filing they disagree with. This, of course, changes your uncontested Texas divorce to a contested divorce.

Common Reasons to Avoid an Uncontested Divorce

When tensions aren’t running high, many couples may think that their divorce will be an easy process. An uncontested divorce can be seen as a quick, painless, and cost-effective way to end a marriage legally. However, here are eight reasons why you may want to consider a contested divorce, instead of an uncontested divorce in Texas.

• You and your spouse have a child that is disabled
• There are divorce-related issues that are not completely agreed upon (such as if alimony should be given or how property should be divided)
• One of the spouses is pregnant with the other’s baby
• One of the spouses is or has been pregnant with someone’s baby outside of the marriage
• The couple have one or more minor children (blood or adopted)
• One spouse is accusing the other of adultery
• Real property is up for question of division
• Either spouse is demanding alimony (spousal support)

Other Kinds of Texas Divorce

There are a handful of different types of divorce in Texas. Here are three other ways to legally end a marriage:

1. A default divorce is only available if a spouse files a petition to be divorced, and the other spouse fails to file an answer within sixty calendar days of receiving that petition. If no response has been given, the filing spouse can schedule a hearing for a default judgment to be granted.
2. A collaborative divorce is a settlement process centered around finding a final agreement that caters to the most important needs of both spouses. Each spouse will work with their own personal Collaborative Divorce attorney to finalize the details of their divorce without having to end up in court.
3. A fault divorce is most often used for spouses that are divorcing as a result of one committing adultery. However, this type of divorce can also apply where acts of cruelty or abandonment have been involved or if one spouse convicted a felony. A fault divorce requires proof and that is usually in the form of police records or documented proof by a private investigator. (source) 

Call A Divorce Lawyer in Texas Today

We understand that divorce is a significant life change, and navigating the legal aspects can feel overwhelming. The information presented here serves as a general overview, and every situation has its unique complexities.

If you’re considering an uncontested divorce in Texas, or have questions about the process or your specific situation, don’t hesitate to schedule a free consultation with the experienced family law attorneys at Warren & Migliaccio, L.L.P. We’re here to guide you through this process with understanding and compassion. Call us today at (888) 584-9614 or fill out our online contact form to discuss your case and explore your options for moving forward.