What Does It Mean When a Divorce Is Uncontested?
The end of a marriage is sometimes inevitable. This is supported by the fact that nearly half of all marriages in the United States end in divorce. However, the divorce of a married couple does not have to become a mean-spirited soap opera.
An uncontested divorce is one where both parties agree to legally separate and neither of the two are in disagreement over the major issues regarding the separation. These issues include:
- Child custody and visitation.
- Support for dependent children.
- Spousal support.
- Property division.
Spouses that do not agree on one or more of these or other issues would not qualify to file a petition for an uncontested divorce. Even with an uncontested divorce it is still important to retain legal representation from an uncontested divorce attorney. Get a free consultation with a knowledgeable and experienced uncontested divorce attorney at the Law Offices of David Kohm, they can assist in answering any questions you may have.
The Uncontested Divorce Process In Texas
Individuals wishing to file for an uncontested divorce in the state of Texas should meet the following criteria.
- One spouse has been a resident of Texas for six months or more
- One spouse has resided in the county where the petition for divorce is being filed for three months or more
- All relevant issues are agreed upon by both spouses before petition is filed
Individuals that meet the above criteria in Texas can file the applicable paperwork to file for an uncontested divorce with the appropriate district court. Divorce proceedings in Texas are governed by the 456 district courts located in the various counties of the state.
The forms needed to execute an uncontested divorce are available both online and at a local courthouse. The paperwork required may be slightly different from one county to the next. Questions regarding the process in a particular county can be directed to a clerk with the court of that county.
The state of Texas has established a 60 day waiting period before a divorce can become final. A final hearing is required to complete the process. When the court finds that all paperwork is filed without error and the agreements between the spouses are acceptable to the court, a judge will grant the divorce.
It is important to note that the day a judge signs the final divorce decree is the date the couple is officially divorced. The signing of this final decree does not always coincide with the date of the couple’s divorce hearing.
How An Attorney Might Help
The apparently simple process of filing paperwork for an uncontested divorce will likely cause individuals to believe the process can be completed on their own. However, some of the issues involved with uncontested divorce filings are a bit more complex than they may initially appear.
One potential area of conflict can be the division of property. A detailed valuation of the property to be divided is often beneficial to both parties. The tax implications of this property division should also be assessed. The laws of Texas stipulate that property division is done in a ‘just and right’ manner. A skilled divorce lawyer will have an in-depth knowledge of property division principles.
An uncontested divorce attorney can also be helpful during the uncontested divorce process by:
- Alerting a spouse of an issue that has been overlooked
- Assuring that no paperwork is delayed
- Providing guidance for issues like support for a child or spouse
The average person is not very familiar with the Texas court system. A lawyer with knowledge and experience in regards to Texas family law is keenly aware of the legal expectations awaiting couples seeking a divorce in the state. An uncontested divorce attorney will prepare all documents that are needed which include the final divorce decree.
The Law Offices Of David Kohm Can Offer Assistance
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
Denton (940) 222-4060
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
You can also contact us online by using our quick contact form.
