What is an Uncontested Divorce?
Also Known as Agreed Divorce or Mutual Divorce
Uncontested Divorce in Texas
An uncontested divorce exists when: (1) your spouse agrees to the terms of the divorce decree (this is accomplished by obtaining his/her signature on the actual divorce decree that will be presented to the court at the prove-up hearing); or (2) your spouse fails to file a written response in the divorce proceeding.
An uncontested or agreed divorce may exist even if you anticipate having arguments or disputes. The key to having an uncontested divorce and thus saving thousands of dollars is to resolve your differences before the court signs the divorce decree. If the divorce decree presented to the court includes the signature of each spouse, the court will not need to have a trial to determine/finalize the divorce terms.
Most people don't realize that a divorce is a lawsuit. Therefore, if you decide not hire a lawyer, please make sure you have access to good uncontested divorce forms AS WELL AS step-by-step instructions on how to use them.
What are the benefits of an uncontested divorce?
If your divorce is uncontested, you can save thousands of dollars by doing it without a lawyer. Without lawyers making strategic demands, there is usually less ill will between the spouses, and thus they are able to resume their lives more quickly.
In addition to saving money, you will also save yourself from a public battle concerning your private matters. Uncontested divorce forms are completed in private at your own pace and thus you and your spouse can end the marriage quietly and with dignity.
In general, an uncontested divorce will be quicker, less complicated, and less expensive.
Do the spouses have to be in 100% agreement before the divorce is filed?
No! To use uncontested divorce forms, you don’t have to agree on each and every term in the beginning. In fact, it is common for spouses to disagree during the divorce process and often the terms of the divorce aren't finalized until just before the judge signs the divorce decree. Remember, there is a 60-day period after the divorce is filed for the spouses resolve their issues.
Uncontested divorce forms allow you and your spouse to find ways to come together and come to resolutions on your own and in private.
What will the spouses need to agree on?
Eventually the spouses will need to agree on issues such as division of property, allocation of debt, child custody, and child support.
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