The ideas that a lot of people have about divorce just simply aren’t true. For example, were you aware that a majority of divorces that take place in Texas usually never make it to court? On the contrary, a majority of divorces in this state are settled well before they go to trial. This happens by way of mediation. In some cases, attorneys representing a spouse will negotiate an informal settlement.
Your divorce doesn’t need to be bitter, dramatic, or hostile. It’s possible that the separation will involve both partners collaborating for the sake of resolving problems rather than creating more. When both partners are on the same page, divorce can be finalized smoothly and quickly.
Laurence DePlaza – Uncontested Divorce In North Texas
The most optimal approach to a simple, fast, and fairly pain-free separation will entail an uncontested divorce. If both partners have the ability to communicate in a civilized manner, then an uncontested divorce should be the way to go. The spouses will reveal to each other about the lack of outstanding issues to be negotiated further or addressed in court.
Bypassing stressful interactions while saving both money and time are some of the benefits that come with uncontested divorces. The following article will go over what uncontested divorces are comprised of, and how to go about getting one.
Uncontested Divorce: What Is It?
If both spouses are in total agreement about issues that could come up during the separation process, then the divorce will be uncontested. As such, no time will need to be spent going over each detail of a case with a fine-tooth comb. If there are a lot of issues between the spouses, then the chances of having an uncontested divorce are slim. If a decision has not been reached about a certain issue, whether that be child visitation rights, child support payments, equity division, etc., than an uncontested divorce will not be possible.
An uncontested divorce usually involves spouses who don’t have any children. That’s because matters pertaining to children are usually complicated, and understandably so. Some negotiations will be necessary, and will probably happen during mediation. Filing fees will need to be paid for in whatever county you reside in. Also, a spouse may sign a document called a “waiver of service,” rather than serve their partner formally by way of a constable or process server.
Consider the following hallmarks for uncontested divorces in Texas:
- There aren’t any children 18 years of age or younger involved.
- There aren’t any bankruptcy or litigation proceedings pending that could potentially delay the case.
- Spousal maintenance is not an issue.
- No property is involved that needs to be divided, nor are retirement benefits of any sort involved.
If that sounds like a situation you can relate to, then an uncontested divorce may be on the horizon for you. Otherwise, you probably need to go through a fairly fast divorce by way of spousal negotiations. That isn’t to say that this approach will be more difficult. It will, however, require more time and effort in comparison to an uncontested divorce.
Uncontested Divorce: Starting the Proceedings in Texas
To begin with, you must reside in Texas (and have lived there for six months, at the very least) before you file for divorce in the state. Further, you’ll need to be a county resident for a minimum of three months before you file the applicable paperwork. If these requirements are not met, then your partner could make an argument that the state doesn’t have proper jurisdiction over the divorce. When it comes to uncontested divorces, that isn’t likely to happen, but it’s worth knowing.
Have questions? Give our office a call to schedule a consultation to discuss your legal situation.