What Is an Uncontested Divorce & How Does It Work in TX: Everything to Know

Table of contents:

• What is uncontested divorce and what does uncontested divorce mean in Texas?
• What are the pros and cons of getting an uncontested divorce (Texas)?
• How to get an uncontested divorce in Texas
• Is an uncontested divorce right for your circumstances?
• When to hire an attorney to help with a Texas uncontested divorce
• Uncontested divorce (TX) FAQs

What is uncontested divorce and what does uncontested divorce mean in Texas?

When a divorce is uncontested in Texas, that means neither party disputes how the divorce will be settled. There may be some back and forth between the parties initially, but eventually they both agree to the divorce terms in a fairly quick time frame. In order for an uncontested divorce settlement agreement to be finalized, the two parties must be on the same page regarding:

• How the marital estate will be divided.
• When applicable, how child custody, visitation and support will be handled.
• When applicable, who pays spousal maintenance and how much.

The state’s laws also provide a pathway for an individual to secure a no contest divorce Texas if the respondent does not file a response to a divorce summons within a specified period of time. In Texas, the respondent must file a response by 10:00 A.M. on the Monday that follows a period of 20 days after being legally served, otherwise the petitioner can get a default divorce.

What are the pros and cons of getting an uncontested divorce (Texas)?

An uncontested divorce TX can be a good option for some couples but they aren’t suitable for every situation, especially since it’s unlikely for two parties to agree about every single aspect of their divorce terms. Parties should weigh the pros and cons of uncontested divorce carefully, as while it could save in litigation costs, it could negatively impact your interests.

Pros of uncontested divorce

The pros of uncontested divorce primarily involve efficiencies gained because the legal process of what is uncontested divorce tends to be much more streamlined. Potential pros include:

• Time savings. With no issues to argue about and fewer proceedings (if any) to attend, uncontested divorces can be wrapped up in a few months (6 months is a good estimate), compared to litigated divorces that can drag on for years.
• Money savings: In most cases, the uncontested divorce cost ends up being less than the cost of contested divorces. Since parties agree to terms, they spend less time in their local court and hashing things out with their divorce lawyer, usually paying much less in legal fees.
• Less stressful. Couples who opt for an uncontested divorce tend to get along because they want an amiable split. Resolving a divorce quickly and spending less money can also be less emotionally draining and help minimize stress.
• Easier on the kids. While it’s rare for couples with children to get an uncontested divorce, those who can typically work together to find a path forward that prioritizes their children’s best interests. These are cases where little (if any) animosity is involved, which creates a much healthier family dynamic for the kids.

Cons of uncontested divorce

The cons of uncontested divorce tend to involve financial and emotional risks that come with a legal process where both parties must agree on all terms and pressure to wrap things up quickly.

• Parties must agree to all terms. That’s rarely easy for couples getting a divorce and often means either one or both parties have to accept certain conditions they aren’t wild about or give up a larger portion of assets than they would like.
• Pressure to take things at face value. Even if both parties want a quick and cordial divorce, it’s important to review finances carefully. If either party has questions about separate or community property, they need to address them before the divorce is finalized, because once a divorce is final, you cannot go back and review or revise property division.
• Not suitable for complex marital estates. Couples with sizeable estates and a variety of different assets typically won’t agree on every aspect of their property settlement or how different assets are valued, unless there is a premarital agreement involved. These discrepancies can create significant issues and make the prospect of uncontested divorce impossible.
• Could put vulnerable parties at risk. A spouse with little knowledge of the family finances or who has been intimidated by the other spouse may be afraid to disagree with the proposed divorce terms. Ultimately, the judge decides whether a divorce settlement is fair and reasonable for both parties, but the pressure of an uncontested divorce can pose emotional challenges for some parties.

While an uncontested divorce may allow some couples to save time and money, there are risks that come with moving too quickly. Choosing not to contest a divorce may require parties to give up certain rights and assets they can’t get back once the divorce has been finalized. If you’re unsure, speak with a divorce lawyer about whether it makes sense to contest the divorce and file a counter petition.

How to get an uncontested divorce in Texas

To file for an uncontested divorce in Texas, a couple must have resided in the State of Texas for at least six months and in the County they plan to file at least 90 days prior to filing suit. The court’s filing fees, court process and official court procedures can vary from county to county. The county clerk can provide additional details.

If both parties agree to the terms of the Texas uncontested divorce, the legal process is pretty straight forward. However, after the mandatory 60-day waiting period, a judge will still need to sign off on the Final Decree of Divorce in order to finalize the divorce.

Getting an uncontested divorce in Texas in 7 steps

While every divorce is unique, couples can generally expect the uncontested divorce process to involve several standard requirements. The steps to get a simple divorce in Texas typically include:

1. File Original Petition for Divorce: In order to initiate the divorce case, one party fills out and files the Original Petition for Divorce in the county where he or she resides. The petition notifies the court and spouse that the filing party wants a divorce. 
2. File Civil Case Information Sheet: The party will also need to fill out and file a Civil Case Information Sheet at this time, and there may be other paperwork the county requires depending on where the party lives.
3. Pay required filing fees: Filing fees range from $150-300, depending on the county where the Petition for Divorce is filed.
4. Execute Waiver of Service: The responding spouse signs a Waiver of Service form in front of a notary, which states the party doesn’t want to be formally served with the Petition for Divorce by a constable, sheriff or process server. This form must be signed at least one day after the divorce petition is filed.
5. Sign Final Decree of Divorce: Both parties fill out and sign the Final Decree of Divorce, which states what the court has ordered in the case. Information in the decree covers distribution of community property, separate property and debts the individuals own or are responsible for; how any retirement funds will be split; name change if desired; and other details.
6. Finalize the Divorce: After a mandatory 60-day waiting period, some courts require one or both parties to appear in court in front of the presiding judge to finalize the divorce.  The vast majority of courts allow for parties tosimply e-file their proposed Agreed Final Decree for signature and entry, meaning neither party has to physically go to Court. The judge will review all documents pertaining to the case, including the documents noted above and question the party or parties if necessary. (NOTE: Victims of family violence may be able to sidestep the waiting period with a Texas divorce 60-day waiver.)
7. Clerk notifies Texas Bureau of Vital Statistics: If the judge approves the divorce, he or she will sign the Final Decree of Divorce, which finalizes the divorce, and a form will need to be filled out and dropped off with the district court clerks to notify the Texas Bureau of Vital Statistics that a couple is no longer married.

Is an uncontested divorce right for your circumstances?

Many couples view their divorce as an easy divorce in Texas but most of those couples actually won’t qualify for an uncontested divorce. Before you start searching online for uncontested divorce in Texas forms, it’s critical to determine whether your divorce would truly qualify as uncontested.

True uncontested divorce Texas cases tend to be those where all issues of property have been resolved, children are not involved, and you basically agree on everything (which rarely happens).

A Texas uncontested divorce may be a good option for you if:

1. Both parties agree 100% on marital property division. To get an uncontested divorce, the two parties to the divorce should be on the same page regarding the terms of the divorce. They will have a clear picture of all the marital assets and debts and agree how to split everything up.
2. You have no children or agree on all custody matters. It’s much easier to get an uncontested divorce when no children are involved because it’s rare for parents to completely agree on a child custody arrangement, especially as it relates to child support obligations. It’s not impossible, but even parents who get along great can disagree on some custody details, which would mean the divorce would need to be contested.
3. You and your spouse get along well. And you want to keep it that way! That’s not to say there aren’t a few issues involved that you’ll need to work through but there should be a willingness on both sides to give and take in order to avoid animosity.
4. Both parties want to resolve the divorce quickly. If the parties to a divorce can arrive at a fair settlement agreement quickly—be it through divorce mediation or on their own—they should be able to finalize their divorce relatively quickly. We’re not talking a few weeks but six months or so is common for a straightforward Texas no contest divorce.
5. You want to minimize the cost of legal services. Since divorce proceedings tend to go more quickly when parties agree to divorce terms, you’ll spend less time sitting in a court hearing and less money on divorce lawyer fees during an uncontested divorce in Texas.

The state of Texas discourages uncontested divorce under specific circumstances

If you plan to file for an uncontested divorce, you should be aware that there are several scenarios the state of Texas generally believes should be filed as contested divorces instead. These scenarios include: 

1. The spouses disagree about any issue related to the divorce.
2. One of the spouses wants to file specific grounds for divorce, like cruelty or adultery.
3. The wife is pregnant, even if the husband isn’t the father.
4. The wife gave birth to a child by another man during the marriage.
5. The couple has a child who is disabled (regardless of the child’s age).
6. The couple shares a biological or adopted child who is either under 18 years of age or 18 years old and still attending high school.
7. One of the spouses is requesting contractual alimony (which is rare in Texas) or spousal maintenance. 
8. One of the spouses owns or plans to buy real property, such as a home, building, business, piece of land or other real estate.
9. One of the spouses has an ongoing bankruptcy case.

A number of these issues pertain to children, assets and debts, which frequently complicate divorce. The laws pertaining to spousal support, property division and bankruptcies in Texas are also complex, and most couples benefit from seeking legal advice on these matters.

When to Hire an Attorney to Help with a Texas Uncontested Divorce

While many people think they don’t need a lawyer to help with an uncontested divorce in Texas, hiring a reputable divorce attorney to help navigate the divorce process can prevent a lot of headaches. This is especially true when an uncontested divorce becomes contested or any distribution or transfer of property or retirement accounts is involved.

An attorney can ensure paperwork is filed properly, potentially saving you a lot of money.

The divorce decree isn’t the only documentation that family law attorneys handle. There are other important documents—especially those that effectuate the transfer of property including retirement accounts—that often get overlooked when people don’t hire an attorney.

One of the biggest mistakes people make when handling their own divorce is failing to prepare the ancillary documents related to their divorce. Even if you discover an oversight later, it can be very difficult to amend those errors once a divorce is final.

A mediation lawyer can help sort out minor details and streamline the legal process.

If you and your spouse agree on most things, simply want to talk through a few issues and need an impartial attorney to sort out a few details, a certified mediator can help simplify and even expedite the process. They can answer any questions you have, prepare your Final Decree of Divorce and make sure ancillary document preparation is accurate and properly filed.

Keep in mind, a mediation attorney for an uncontested divorce in Texas cannot offer legal advice to either party. If either party needs or would like legal advice, it’s best that each party hire a separate attorney to represent their individual interests. 

Let the legal team at Sisemore Law Firm help with your uncontested divorce

If you’re not sure about what is uncontested divorce or whether your simple divorce would be suitable for a no contest divorce in Texas, a Fort Worth divorce lawyer at our family law firm can help. If we agree that you qualify for an uncontested divorce in Texas, we will tell you so.

Find out what you can expect during a case review with the Sisemore Law Firm here.

On the other hand, if we believe your case is too complex—say you have children or issues related to division of property or bankruptcy—we will likely recommend you and your spouse retain separate divorce lawyers to represent you. Collaborative litigation sometimes works best for couples seeking an amicable divorce Texas when they need multiple issues resolved.

If you live in the Dallas / Fort Worth area and would like to speak with an experienced divorce attorney at our firm, please contact us at (817) 336-4444 or connect with us online.

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Uncontested divorce (TX) FAQs