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What Is an Uncontested Divorce?

Posted by Chris Peterson | Aug 04, 2014 | 0 Comments

What Is an Uncontested Divorce?

What Is an Uncontested DivorceBecause of the extremely personal nature of marital relationships, divorce is often a messy and divisive business. However, sometimes both parties are able to put aside the hurt and come to a mutual agreement upon the main issues of the divorce. When this occurs, an uncontested divorce is possible. It is always advisable, though, regardless of how well you get along with your soon-to-be ex-spouse, to have a Bryan Divorce Attorney in your corner.

What Is Required for an Uncontested Divorce?

Texas family laws provide for a number of different grounds for divorce, including, among others, cruelty, adultery, and abandonment. Many uncontested divorces are filed under the No Fault stipulation. Your divorce attorney will meet with you to discuss whether an uncontested divorce is possible in your case. The basic requirement is that you and your spouse agree upon the following:

  • Division of assets and debts
  • Spousal support
  • Child custody and support
  • Visitation

In addition, both of you must have lived in the state for at least six months, and in the county where you are filing for a minimum of three months. The process is simplified greatly when there are no issues to contest. You will simply have a court hearing where the judge will sign off on the terms that you have agreed upon. It should be noted that your divorce will be final on the 61st day after the final decree. Texas law requires this 60 day waiting period, regardless of whether the divorce is contested.

What Happens if We Disagree at Some Point?

It is fairly common for divorcing couples to begin on good terms, agreeing upon all points, but then somehow hit a snag. When this happens, an uncontested divorce is no longer possible. Your divorce attorney will represent your interests and help negotiate a settlement with the other party. Should this prove impossible, the judge will make the final determination.

It's Important to Have Bryan Divorce Attorney in Your Corner

While you may believe that legal representation is unnecessary, and you are in full agreement with your spouse on all divorce terms, one never can be sure that everything won't disintegrate into arguing and hard feelings. A divorce attorney will make sure that your needs and rights are protected adequately and that you get a fair hearing, if needed. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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