If you and your spouse are able to agree on the important issues in your case, you could avoid many of the costs and delays that come with a traditional divorce. This is possible through a process known as uncontested divorce, where both parties mutually agree on key matters such as asset division, child custody, and spousal support. The Texas Family Code outlines the legal framework for uncontested divorces, though there are no separate statutes exclusively dedicated to them.

An uncontested divorce offers significant benefits, including reduced emotional and financial strain, but it is only available under certain circumstances. If you are ready to dissolve your marriage without the stress or worry of a traditional divorce, the team at Barton & Associates Attorneys at Law, PLLC, is here to help.

Meeting Residency Requirements

A couple going through the uncontested divorce process must meet Texas residence requirements (Texas Family Code Section 6.301). In order to qualify, at least one spouse must live in the state for a minimum of six months before filing. They must also reside in the county where the petition is filed for 90 days beforehand.

Note: The spouse filing the petition does not have to be the one currently residing in Texas. If your spouse meets the residency requirements, you could pursue an uncontested divorce under Texas law while living in another state.

Agreeing on the Grounds

The parties must also agree on the grounds for divorce, which is the legal reason the couple seeks to end their marriage. Texas recognizes both “fault” and “no-fault” grounds (Texas Family Code Sections 6.001 – 6.007).

In a fault-based divorce, there must be evidence that one of the spouses was to blame for the breakdown of the marriage. This could be for a variety of reasons, including infidelity or imprisonment. A no-fault divorce is based on irreconcilable differences, and proving who was at fault is unnecessary. Either option is available as long as the parties agree. 

Note: In uncontested divorces, spouses usually file under the no-fault ground of insupportability to avoid disputes over fault.

Resolving Outstanding Issues

The most important aspect of an uncontested divorce is the ability of both sides to agree on the major issues in the case. The parties must be able to reach a settlement on all of the important details, like property division, child support, and parenting time. Even one dispute will take the option of an uncontested divorce off of the table.

Talk to a Lawyer About Filing for an Uncontested Divorce

If you and your spouse are ready to end your marriage with minimal stress and cost, an uncontested divorce could be the ideal solution. By reaching agreements on key issues such as property division, child support, and custody, you can avoid the delays and expenses of a traditional divorce. Contact us today to learn if an uncontested divorce is right for you.