Simple Divorce – Uncontested Divorce

A lot of people have ideas about divorce that are not necessarily true. For instance, did you know that most divorces in Texas never see the inside of a courtroom? Most divorces are settled prior to a trial in either mediation or in informal settlement negotiations between attorneys.

This means  that your divorce does not have to be one that is full of fighting, anger, and resentment. It is entirely foreseeable that your divorce would include of you and your spouse working nicely to solve problems and complete your divorce sooner rather than later.

The quickest way to have a  simple and relatively anger-free divorce in Texas is to have an uncontested divorce. Especially if you and your spouse are able to communicate well together, an uncontested divorce is a way for you and your spouse to admit to one another that you do not have any outstanding issues that need to be addressed by a judge or even negotiated further.

An uncontested divorce is…

If you and your spouse are in agreement on all issues that will come up in your divorce then you have an uncontested divorce. This means that you do not have to spend any time hemming and hawing over the details of your case. The more issues that exist between you and your spouse the less likely it is that you can have an uncontested divorce. If there is an issue that you all have not decided upon- child support, child visitation, how to divide the equity in your home after a sale, etc.- then you do not have an uncontested divorce.

Uncontested divorces are most common among spouses who do not have children. The reason being is that issues related to children tend to complicate (understandably) divorces and cause them to at least require some negotiation most likely in mediation. You will still need to pay filing fees for a divorce in the county where you reside. However, it is likely that your spouse will sign a waiver of service form instead of having to serve him or her formally with a process server or constable.

Here are some hallmarks for a traditional, uncontested divorce in Texas:

• No children with your spouse who are under the age of 18
• There are no pending litigation/bankruptcy proceedings that could delay your case
• There is no property to divide nor any retirement benefits that are on the table
• No spousal maintenance at issue

If this sounds like your situation then you may be on track to get an uncontested divorce. If not, then you will likely have to settle for a relatively quick divorce via negotiation with your spouse. That would not be the end of the world by any stretch of the imagination but it would still require some effort and more time than in an uncontested divorce.