If you are preparing for divorce in Central Texas, you are not alone.
According to the Annual Statistical Reports for the Texas Judiciary, approximately 130,000 divorce cases are filed in the state each and every year. Contrary to how divorce is typically portrayed in the media, it does not have to be a nasty or protracted fight.
Indeed, the majority of married couples who separate in Texas choose to do through an uncontested divorce. An uncontested divorce is one in which both spouses have agreed on all of the terms.
In this article, our experienced Waco, TX divorce attorneys provide an overview uncontested divorce in Texas.
Uncontested Divorce in Texas: Understanding the Basics
A Divorce Where the Parties Agree on the Terms
In Texas, you have the option to seek a ‘no fault’ divorce. Under Texas Family Code § 6.001, spouses can file to end their marriage on the grounds of ‘insupportability’. This term essentially means the same thing as does ‘irreconcilable differences’ and ‘incompatibility’.
In other words, neither partner needs to prove that their spouse did anything wrong to get a divorce. Legally speaking, no one is required to take the blame.
As a general matter, parties seeking an uncontested divorce will also elect to get a no-fault divorce.
A Texas uncontested divorce is one in which parties have been able to reach an agreement on every family law issue that is relevant to their situation — from property division and debt division to child custody and child support. To get an uncontested divorce, everything must be settled.
The Requirements to Get an Uncontested Divorce in Texas
While you and your spouse have the right to seek an uncontested divorce on no-fault grounds, there are still legal requirements that must be met before your separation will be finalized.
To start, you must satisfy the state’s residency requirement. In Texas, the residency requirement mandates that at least one partner must have lived in Texas for the last six months. Further, one spouse must have lived in the specific county where you are filing for at least the last three months.
In addition to the residency requirement, Texas also has a waiting period for divorce. Before any divorce can be finalized, including uncontested divorces, you must wait at least 60 days .
Make Sure You Reach a Settlement that Protects Your Rights
Even if you are seeking an uncontested divorce, it is strongly recommended that you consult with an experienced family law attorney. Do not accept an unfair divorce settlement.
Your Waco, TX divorce lawyer can help you work through all of the issues in your case, ensuring that your financial interests and parental interests are fully protected. At the end of the process, you will want a Texas divorce decree that actually works for you.
Speak to Our Waco, TX Divorce Lawyers Today
At the Law Office of Simer and Tetens, our Waco family law attorneys have deep experience handling uncontested divorce cases. We can protect your rights and help you obtain a smooth and efficient divorce. For a free initial consultation, please contact our law firm right away.
We represent family law clients in Waco and throughout Central Texas.