The Uncontested Divorce Process in Texas

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Contrary to popular belief, not every divorce is a knock-down-drag-out affair. In fact, many divorces in the state of Texas are uncontested divorces, which means that they do not go to trial. This is generally the preferred path forward, but if you are sacrificing your parental or financial rights in order to keep your divorce out of court, you are unlikely to do yourself any favors. Ultimately, working closely with an experienced Williamson County divorce attorney is the best way to help ensure that your divorce terms work for you and your children. (Click here to learn why it is important to be honest with your divorce attorney)

The Divorce-Related Issues

For your divorce to be uncontested, you and your divorcing spouse must address each of the divorce-related issues that apply to your situation and come to mutually acceptable terms for each, including:

  • The division of your marital property

  • Your child custody arrangements

  • Child support

  • Alimony

An uncontested divorce (also called an agreed divorce in some situations) does not mean that you and your soon-to-be-ex must be in perfect agreement from the outset or that you are required to get along as you respectfully negotiate terms with one another. In fact, most divorcing couples have their share of skirmishes during negotiations, but if you are able to find common ground on each issue, your divorce will remain uncontested, and keeping this decision-making power between yourselves is generally preferable.

Is It Uncontested or Agreed?

For your divorce to be truly uncontested, all of the following must apply:

  • You and your divorcing spouse must both agree on the grounds of your divorce, which for an uncontested divorce must be no fault. (Learn more about the grounds for a no-fault divorce in Texas)

  • You and your divorcing spouse must both agree to end your marriage.

  • Neither one of you can have a bankruptcy case pending.

  • You must share no minor children.

  • You and your divorcing spouse must own no property together and must have no retirement benefits to divide between the two of you.

  • Neither one of you can seek alimony.

If you and your divorcing spouse have minor children and share marital property – as many, many divorcing couples do – your divorce will be an agreed divorce if you are able to negotiate mutually acceptable terms on all the divorce-related issues mentioned.

The Negotiation Process

In order to obtain an agreed divorce, you and your soon-to-be-ex need to do some serious negotiating, but you do not have to do it on your own. You have options that include:

  • Allowing your respective divorce attorneys to negotiate on behalf of the best interests of each of you.

  • Attending alternative dispute resolution (ADR), such as mediation, where each of you – along with your respective divorce attorneys – will attempt to hammer out compromises under the experienced guidance of a professional mediator.

Discuss Your Case with an Experienced Williamson County Divorce Attorney Today

Obtaining an uncontested or agreed divorce is a worthy pursuit, and Brett Pritchard at The Law Office of Brett H. Pritchard in Williamson County, Texas, is a dedicated divorce attorney who is poised to help you achieve your goals while simultaneously protecting your financial and parental rights. To learn more, please do not wait to contact us online or call us at 254-501-4040 today.


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