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How Can We Get an Uncontested Texas Divorce?

 Posted on September 21, 2022 in Divorce

san Antonio divorce lawyerWhen both parties of a married couple agree that getting a divorce is the best thing for them, they may be interested in working together to pursue the most peaceful resolution possible. Often, this means getting an uncontested divorce, or a divorce in which all applicable issues have been resolved before filing a divorce petition and going to court. While an uncontested divorce is not available to every couple, it can be a great way to go your separate ways while keeping the peace. If you and your spouse think you may be interested in pursuing an uncontested divorce, read on to learn more about this process and then contact a Texas divorce attorney for help. 

Do We Qualify for an Uncontested Texas Divorce? 

Uncontested divorces in Texas are not available to everyone. The most commonly disqualifying issue is a couple who shares minor children. If you have minor children, but agree about everything else, you will instead need to file for an “agreed divorce.” You also cannot get an uncontested divorce if the wife is pregnant, or if you have a disabled adult dependent child. 

You must own no real property if you want to file for an uncontested divorce. This includes a house, land, or other real estate. 

You must meet Texas residency requirements. One or both of the spouses must have lived in Texas for at least six months and in the county in which they plan to file for at least 90 days. These residency requirements also apply to military members who are stationed in Texas. 

If you want an uncontested divorce, you cannot file for an at-fault divorce. You can simply list “insupportability” (meaning you have irreconcilable differences) as grounds, and file for a no-fault divorce. 

Once you file for divorce, you will need to wait for a minimum of 60 days before you can appear in court. Then a judge will review your petition, ask any questions, and, if everything looks good, approve the divorce. 

Do We Need a Lawyer for an Uncontested Divorce? 

Many people who file for an uncontested divorce want to do it without going through the expense and hassle of hiring an attorney. While this may make sense for the most simple divorces following very short marriages with no complicating factors, divorce is still a complex legal process, and certain procedures must be followed exactly. In addition, even if you and your spouse agree to do things a certain way, a judge will only approve your proposed settlement if it follows the law. Having an attorney to help you review your agreement can ensure you save time and money by avoiding mistakes and having to appear in court more than necessary. 

Meet with a San Antonio Divorce Lawyer Today

Even if your anticipate your divorce going smoothly, you will still want to be sure you are within the bounds of Texas law. Make sure your divorce decree will be approved by a judge by first working with an experienced Bexar County divorce attorney with Brandon Wong & Associates. We are here to make sure you get the legal represenation you need in a low-pressure environment. Call 210-201-3832 today. 




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