How to Keep Your Texas Divorce Uncontested

If you're facing a divorce, you likely want to minimize the acrimony and protect your financial and parental rights. Doing so benefits not only your emotional well-being but also your children’s. Divorces can become contentious even when both spouses intend otherwise. Fortunately, there are proactive steps you can take to keep your divorce out of court, starting with consulting an experienced Killeen divorce attorney early in the process.

Resolving the Terms of Your Divorce

Every couple must address how to divide marital property. If you don’t share children, this may be the only term you need to settle. However, if you do have children, you'll also need to resolve child custody and child support. Alimony can also be a factor when one spouse lacks the means to meet reasonable needs and the other has the ability to provide support.

Any of these terms can become contentious, and the more that apply to your situation, the greater the potential for complications. Still, even if you need to resolve all of these terms, you can pursue an uncontested divorce with the guidance of a trusted attorney.

If you're unsure how these terms apply to your situation, get the clarity you need by working with a seasoned Killeen family law attorney.

What an Uncontested Divorce Means for You

An uncontested divorce means that you and your spouse reach mutual agreements on all divorce terms. If you disagree on even one term, your divorce becomes contested and must be resolved in court.

An uncontested divorce has many benefits:

Lower overall cost
Quicker resolution
Less emotional strain
More privacy, since court records are public
Retained control over your family's future
A smoother process for children

If the idea of leaving major life decisions to a judge makes you uneasy, you’re not alone. Taking steps to maintain an uncontested divorce is well worth the effort.

An Uncontested Divorce Is a No-Fault Divorce

Pursuing an uncontested divorce also means pursuing a no-fault divorce. You don't have to prove wrongdoing by your spouse. While Texas allows fault-based divorces (such as those involving adultery or cruelty), most are filed on no-fault grounds.

In some cases, fault-based divorces are necessary due to complex legal or financial issues, and they tend to be more contentious. A seasoned divorce attorney can help you determine the best path forward.

If you need help deciding whether a no-fault divorce is right for you, schedule a FREE consultation to discuss your options.

Steps Toward an Uncontested Divorce

The divorce process in Texas involves several basic components.

1. Meeting Texas Residency Requirements

To file for divorce in Texas, either you or your spouse must meet these residency requirements:

One of you has lived in Texas for at least six months.
One of you has lived in the county where you will file for at least 90 days.

If you qualify in more than one county, choose the most convenient or practical option.

2. Filing the Divorce Petition

To initiate the process, one of you must file an Original Petition for Divorce. Springing this move on your spouse unexpectedly is rarely a good idea if you're aiming for an uncontested case. Open communication is essential, even when one party is more eager to proceed.

3. Coordinating the Initial Filing

If your spouse isn't on board with filing, you may need to initiate it yourself. Still, transparency can help prevent unnecessary conflict. Even if your spouse disagrees, informing them in advance often reduces tension.

4. Service of Divorce Papers

The non-filing spouse must be served with divorce papers. Formal service via a process server can feel adversarial. Instead, consider a waiver of citation. If your spouse agrees and signs a notarized waiver, you can simply hand them the documents, avoiding unnecessary drama.

5. The 60-Day Waiting Period

Texas law requires a 60-day waiting period before a divorce can be finalized. Use this time to negotiate unresolved issues. Even with strong cooperation, don’t expect finalization before two months.

Mediation as a Tool for Resolution

If you encounter a negotiation impasse, mediation offers an alternative to court. During mediation, a neutral mediator helps both sides find common ground. Any agreement reached is binding only if both parties agree.

The Benefits of Mediation

Many couples finalize their divorce terms at mediation, and it comes with all the following benefits:

Mediation is a less formal process than going to court, which helps keep everyone calm.
The terms you resolve at mediation remain private.
Mediation is faster and less expensive.
Mediation is only legally binding if you reach terms that you both accept, which means you won't have terms forced upon you.
Mediation keeps control in your hands and reduces emotional strain, which is especially beneficial if children are involved.

Don’t let small disagreements derail your uncontested divorce. Talk to a Killeen family law attorney about mediation today.

The Proving Up Hearing

Even uncontested divorces require a hearing to finalize. If you've resolved all issues, you'll attend a "proving up" hearing. These are typically brief and held in the morning. Both spouses can attend, but only the filing spouse is required to do so.

Here's what you can expect during the prove up hearing:

The judge will ask you basic identifying questions.
Your attorney will go through a brief summary of your finalized terms.
The court will approve your Final Decree of Divorce.

Key Divorce Terms to Understand

Before you begin your uncontested divorce, you should understand the terms you will be negotiating.

Child Custody

Child custody in Texas involves legal (decision-making) and physical (residential) components. Courts favor both parents remaining actively involved, unless there is a significant reason for one parent to be less involved.

Child Support

The higher-earning parent typically pays child support, even when parenting time is divided equally. Child support is calculated as a percentage of net income and based on the number of children.

Division of Marital Property

Assets acquired during marriage are usually considered marital property and must be divided fairly, though not necessarily equally. Separate property remains with the original owner.

Alimony

Alimony is granted only when one spouse lacks sufficient income and the other can help. It is typically temporary and intended to support self-sufficiency.

Understanding how these terms impact your future is crucial. Consult with a Killeen divorce attorney to get personalized advice.

Work with a Killeen Divorce Attorney You Can Trust

Keeping your Texas divorce uncontested requires diligence, cooperation, and the right legal guidance. Brett Pritchard at the Law Office of Brett H. Pritchard is a skilled Killeen divorce attorney who can help you stay on track while safeguarding your financial and parental rights.