What is an Uncontested Divorce?

Also Known as Agreed Divorce or Mutual Divorce

Uncontested Divorce in Texas

An uncontested Texas divorce exists when: (1) your spouse agrees to the terms of the divorce decree (accomplished by obtaining his or her signature and presenting the signed decree to the court at the prove-up hearing); or (2) your spouse fails to file a written response to the petition for marriage dissolution.

An uncontested divorce may exist even if you anticipate having arguments or disputes. The key to having an uncontested divorce in Texas and saving thousands of dollars is to resolve your differences before the court signs the final decree. If the divorce decree presented to the court includes both spouses' signatures, the court will not need to have a trial to determine or finalize the divorce terms.

Most people don't realize that a divorce is a lawsuit. Therefore, if you decide not hire a lawyer, consider using using our uncontested Texas divorce forms that come with 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 attorneys making strategic demands, there is usually less ill will between spouses, allowing them to resume their lives more quickly. In general, a mutual divorce will be quicker, less complicated, and less expensive.

In addition to saving money, you can also save yourself from a public battle concerning your private matters. Uncontested divorce forms are completed in private at your own pace, so you and your spouse can end the marriage quietly and with dignity.

Do the spouses have to be in 100% agreement before the divorce is filed?

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 marriage dissolution process, and the terms of the divorce usually aren't finalized until just before the judge signs the final divorce decree.

Uncontested divorce forms allow you and your spouse to come together and make resolutions on your own time and in private. Remember, there is a 60-day period after the divorce is filed for you and your ex to resolve your marital issues.

What do Spouses Need to Agree on for Their Divorce to be Uncontested?

Eventually, spouses to an uncontested divorce in Texas will need to agree on issues such as the division of property, allocation of debt, child custody, and child support.


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