Divorce is challenging and, for some couples, messy. These proceedings can be full of conflict and “he said, she said” accusations.
For some, speeding up a divorce and getting it over with is a top priority. While there is an option that may help you do this, if you are having a hard time agreeing with your spouse over small and big issues, it may not be right for you.
However, if you and your spouse agree the marriage is over and want to get things finished as quickly as possible, an uncontested divorce may be a smart option.
Uncontested divorce defined
An uncontested divorce is essentially a situation where you and your spouse agree on all elements of the marriage dissolution. You put your agreement in writing and have a judge sign off on the terms. In Texas, however, there are certain requirements that must be met to qualify for an uncontested divorce.
Qualifications for an uncontested divorce in Texas
In Texas, you must meet these requirements to file for an uncontested divorce:
- You and your spouse have no children under the age of 18 together
- You don’t own property together
- You have no retirement benefits that must be divided
- You aren’t seeking alimony (and neither is your spouse)
- There’s no ongoing bankruptcy case
- You have both agreed to end the marriage
If you meet these requirements, you can fill out and file the required documentation. Texas also requires a 61-day “cooling off period” before your divorce is finalized. Once this has passed, you will attend a final hearing and have a judge sign your Final Decree of Divorce.
Is an uncontested divorce right for you?
If you are filing for divorce in Texas and want the process to move as quickly and easily as possible, an uncontested divorce may be the right option. Be sure to consider the requirements to know if this is right for you.