You are not alone if you are preparing for divorce in Central Texas. According to the Texas Judiciary's Annual Statistical Reports, approximately 130,000 divorce cases are filed in the state each year. Contrary to popular belief, divorce does not have to be a contentious or protracted battle. Uncontested divorces account for the vast majority of married couples who divorce in the state. An uncontested divorce occurs when both spouses agree on all of the terms. This post presents an overview of an uncontested divorce in Texas. 

What Is an Uncontested Divorce?

A divorce where both parties agree on the terms is called an uncontested divorce. In Texas, you can file for a 'no-fault' divorce. Spouses can seek divorce under Texas Family Code § 6.001 if their marriage is deemed unsupportable. This term generally means the same thing as 'irreconcilable differences' and 'incompatibility.’ In other words, neither partner is required to prove that their spouse committed any wrongdoing in order to obtain a divorce. Legally, no one is obligated to accept responsibility.

Typically, parties seeking an uncontested divorce will also seek a no-fault divorce. An uncontested divorce in Texas is one in which the parties reach an agreement on all family law issues pertinent to their circumstances. This includes property and debt division, as well as child custody and child support. Everything must be settled to obtain an uncontested divorce.

Texas State Requirement for an Uncontested Divorce

While both parties have the right to a no-fault divorce, there are still legal conditions that must be satisfied before your separation is formalized. To begin, you must meet the state's residency requirements. The residency requirement in Texas requires that at least one partner has lived in Texas for the previous six months. Furthermore, one spouse must have resided in the county for the last three months where you are filing. In addition to the residency requirement, Texas imposes a divorce waiting time. You must wait at least 60 days before finalizing any divorce, even uncontested divorces.

Engage Divorce Law Attorneys in Texas

Divorce law attorneys in Texas can ensure you achieve a settlement that protects your rights. Even if you are seeking an uncontested divorce, you should speak with an experienced divorce law attorney. Accepting an unfair divorce settlement is not an option. Your divorce attorney can assist you in resolving all of the concerns in your case, ensuring that your financial as well as parental interests are protected in all respects. You will want a Texas divorce order that works for you at the end of the procedure.

Speak to one of our divorce law attorneys in Waxahachie and Dallas-Fort Worth, Texas, who have extensive experience with uncontested divorce matters. We can defend your rights and assist you in obtaining a quick and trouble-free divorce. If you have made up your mind, you may call us right away for a free introductory consultation. We serve clients in family law in Waxahachie and Dallas-Fort Worth, Texas.