If there is any best-case divorce scenario in Texas, divorce lawyers and their clients usually agree that an uncontested divorce is that case.
Uncontested divorces are faster, easier, and usually less stressful for all parties involved and also reduce the need for divorce attorneys and their clients to appear in court.
Though an appearance in front of the judge might be required for finalization purposes, divorces that fit the requirements of being uncontested do not involve a regular court hearing.
What Qualifies As An Uncontested Divorce?
An uncontested Texas divorce is one that divorce lawyers find meet the following legal parameters outlined by the family court:
- Both spouses agree to dissolve their marriage.
- Both spouses agree to a no-fault divorce.
- Both spouses are in total agreement on the division of their marital property and debts.
- Both spouses are in total agreement on all other resolutions that must be made.
- Both spouses agree to child arrangements as negotiated by their divorce attorneys to fulfill concerns such as child possession and access, child custody and support, child medical support, and other decisions.
- Neither spouse is involved in any type of bankruptcy case.
What Is The Process When Filing An Uncontested Divorce?
When spouses and their divorce lawyers determine that all of the requirements for an uncontested divorce can be met through agreement and positive negotiation, the process for filing is fairly simple.
Though it is still recommended that spouses work with an experienced divorce attorney who can help both negotiate for the fairest divorce agreement and provide essential guidance, the process is much faster with no formal court appearances necessary.
It begins with the filing spouse filling out the forms to start the divorce process and having them served to the receiving spouse for signing, then continues through negotiation until all pertinent issues are resolved and questions are answered.
During the Texas 60-day waiting period after papers are filed, spouses and their divorce attorneys can finalize various agreements to present to the court for approval.
Must Spouses Appear In Court In An Uncontested Divorce?
To conclude an uncontested divorce in Texas, one spouse and their divorce lawyer must appear in front of the judge for a quick final hearing, which is basically a review of the request for divorce and any agreements submitted for approval.
It is not a formal divorce hearing in the sense of a contested divorce, where the judge will hear arguments by the two spouses and their divorce attorneys, and see proof based on a fault divorce.
After this brief review hearing and as long as the judge finds the submitted agreements to be satisfactory, a divorce decree will be finalized when the judge signs it.
Avoid Lengthy Court Hearings When Filing an Uncontested Divorce
An uncontested Texas divorce is preferable to a contested one for many reasons, including the fact that there is no formal divorce trial.
While one or both spouses and their divorce lawyers may be asked to appear for a short hearing in front of the judge while agreements are reviewed, this is a minor event in comparison to actually appearing in court for a full divorce hearing.
Any spouse considering filing for divorce can discuss their specific situation and whether it qualifies for an uncontested divorce with a divorce attorney who can help them move quickly and correctly through this legal process.
Spouses who are most able to compromise and work together on this matter will benefit from a fast, low-stress uncontested divorce without having to make a court appearance.
Schreier & Housewirth Family Law
1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110
Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.
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