Austin Uncontested Divorce Lawyer

What Is an Uncontested Divorce?

An uncontested divorce is one in which both parties agree on all of the terms and conditions of the divorce. An uncontested divorce does not involve the need for trial since there is no disagreement between the parties. An uncontested divorce can be completed quickly and at a lower cost than a contested divorce.

In an uncontested divorce, the parties must be able to agree on all of the issues involved in the divorce, such as:

• Property division
• Child custody
• Child support
• Spousal support (alimony)

Uncontested Divorce Requirements in Texas

To pursue an uncontested divorce in Texas, there are specific requirements that must be met:

• Residency: You or your spouse must have been a resident of Texas for at least six months before filing for divorce. Additionally, you must have lived in the county where you plan to file for at least 90 days.
• Agreement: As "uncontested" implies, both parties must completely agree on all relevant issues. This includes child custody, property division, and spousal support. If there are disputes, the divorce may become contested, and the process can become more complicated.
• No Pending Litigation: There should be no ongoing litigation between you and your spouse regarding the divorce or related issues.
• No Pregnancy: If your spouse is pregnant, you cannot pursue an uncontested divorce until the child is born.
• Voluntary Waiver of Service: Your spouse must sign a service waiver acknowledging that they received the divorce petition. This helps streamline the process and eliminates the need for formal service of process.

Meeting these conditions is crucial to ensure a successful, uncontested divorce. The Law Firm of T. Wade Jefferies will assist you in meeting these criteria and guide you through every step of the process, ensuring your uncontested divorce proceeds smoothly.

How Long Does an Uncontested Divorce Take? 

One of the most attractive features of uncontested divorces is their efficiency. The timeline for an uncontested divorce can vary, but generally, they tend to be resolved more quickly than contested divorces.

In Texas, there is a mandatory 60-day waiting period from the date the divorce petition is filed. This waiting period allows couples to carefully consider their decision to divorce and the terms of the agreement. However, it's important to note that this is the minimum waiting period, and the actual timeframe may be longer due to court scheduling and processing times.

Understanding the Benefits of an Uncontested Divorce

Choosing an uncontested divorce can be a favorable option for couples seeking a smoother transition during a challenging time. Unlike contested divorces, which can be lengthy and emotionally taxing, uncontested divorces allow both parties to maintain control over the outcome. Here are some key advantages to consider:

• Cost-Effective: Uncontested divorces typically involve fewer legal fees and court costs, saving you money in the long run.
• Faster Resolution: With both parties agreeing on key issues, the process can be finalized much quicker, allowing you to move forward with your life.
• Less Stressful: The collaborative nature of an uncontested divorce reduces conflict and promotes a more amicable atmosphere, which is especially beneficial if children are involved.
• Privacy Protection: Uncontested divorces often require less public disclosure, helping to protect your personal matters from becoming public record.
• Customized Solutions: You and your spouse have the opportunity to negotiate terms that work best for both parties, rather than leaving decisions up to a judge.

At The Law Firm of T. Wade Jefferies, we understand that every situation is unique. Our experienced attorneys are committed to providing personalized guidance tailored to your specific needs, ensuring a smooth and efficient divorce process. Contact us today to learn how we can assist you in achieving a favorable outcome.