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How do you file an uncontested divorce in Texas?

On Behalf of | Nov 9, 2021 | Divorce |

You can generally group divorces into one of two categories. An uncontested filing involves a couple that has already agreed to certain terms regarding property division, custody of minor children and any support issues. In a contested divorce, a divorcing couple asks the courts to weigh in on their issues and resolve them. 

Uncontested divorces are often faster and cheaper than litigated ones. How might a couple move forward with an uncontested divorce filing in Texas? 

With a prenuptial or postnuptial agreement

When a couple already has a marital agreement in place, they have set specific terms for issues like spousal support and property division. They won’t have to litigate matters but rather just submit the agreements and any resulting settlement to the courts. 

Through collaboration, negotiations or mediation

Couples don’t need to have the foresight to pre-plan for a divorce if they want an uncontested filing. They just have to find a way to agree with one another about the terms. Some couples go through mediation. Others might even try arbitration. Collaborative law or direct negotiation between their internees could also help resolve matters. As long as both spouses agree on specific terms in writing, they can move forward with an uncontested divorce. 

Through a divorce by default

Typically, when one spouse serves the other with their notice of an impending divorce, they have to wait for a response. Most spouses will respond in writing, either approving or rejecting the proposed terms in the initial divorce filing. If the spouse served with paperwork fails to respond, the court will grant a divorce by default, which is uncontested by definition. 

Understanding how to achieve an uncontested divorce can help you decide the best approach in your case.