If you and your spouse agree on all essential issues concerning divorce, then you may consider filing for an uncontested divorce. As opposed to a contested divorce, filing for an uncontested divorce is often faster, allowing you to avoid a prolonged and challenging process. To qualify, a divorcing couple must agree on all issues related to the divorce. Even if there are no disputed issues, you must meet residency requirements to file a petition. Our divorce lawyers in San Antonio, TX, can explain everything you need to know about uncontested divorces.
What is an Uncontested Divorce?
Couples may qualify for an uncontested divorce when they agree on all issues related to a divorce, including property and debt division, alimony (known as spousal support), child support, and child custody and/or visitation rights. An uncontested divorce may also occur if your spouse does not respond to being served with divorce papers.
Texas law requires you to respond by 10 a.m. on the Monday after 20 days have passed. Residency requirements also apply; Texas law requires that at least one spouse has been a resident for at least 6 months before filing. Additionally, the divorce petition can only be filed in the county where you reside, and you must have been living there for at least 90 days.
Benefits of an Uncontested Divorce
When a couple agrees on all significant issues about divorce, an uncontested divorce can be a relatively quick and painless process. Negotiations will be unnecessary if you decide on everything, although you will still have to contend with a 60-day waiting period after filing your petition before your divorce can be finalized.
In addition to the accelerated timeline, filing for an uncontested divorce prevents couples from having to spend time in court, saving them money on legal fees. Since a divorcing couple submits their agreement together, an uncontested divorce allows spouses to end their marriage amicably.
Divorce Mediation
If you and your spouse cannot agree on one or more issues, this doesn’t necessarily mean that you have to get a contested divorce. You may be able to resolve your differences through mediation. In Texas, you can attend mediation before or after you file your divorce petition with the court. In some situations, mediation may be court-ordered.
During mediation, a third-party (known as the mediator) will facilitate discussion between you and your ex in an attempt to resolve any issues. If you and your spouse reach an agreement on all outstanding issues, you and your ex will sign a mediation agreement. A mediation agreement outlines the terms of your divorce. Both parties and each party’s attorney must sign it. Once signed, it is legally binding, and the terms cannot be changed. If you are unsure whether mediation is right for you and your spouse, or if you have any questions about an uncontested divorce, our legal team is ready to assist you.
Our Divorce Lawyers are Here for You
While it can be devastating to part ways, a marriage does not need to end on contentious terms. If you and your spouse are considering divorce, Cook Law is available to answer your questions. For over two decades, our San Antonio, TX, divorce attorney has successfully assisted divorcing individuals in retaining their fair share. To arrange your consultation with an attorney, contact us online or call (210) 740-0281.