Uncontested divorces are the easiest way to end a marriage in Texas. While the process of an uncontested divorce can become more complicated when children are involved, it is still possible to accomplish an agreed divorce.

When both spouses are committed to working together to achieve an agreeable outcome, you can accomplish almost anything in an uncontested divorce. If you and your soon-to-be-ex share kids, you must agree on terms relating to child custody and even child support in certain situations.

Uncontested Divorces and Child Custody Agreements

Child custody determinations are often complex and can be very emotional for all involved parties. However, it is possible to reach a child-sharing agreement without spending excessive time and money on divorce litigation. Parents can work together and compromise to develop a custody schedule that will benefit their children and meet the court’s standards for enforceability.

In addition to deciding where the child will live most of the time (i.e., physical custody), parents in an uncontested divorce must also address:

  • The child’s medical care
  • The child’s education
  • The child’s religious upbringing
  • Visitation schedule
  • Who will pay how much child support

Parents who agree on the above issues can avoid conflict and complete an uncontested divorce using our 2-step documents.

Can the Court Void an Agreement Drafted by Divorcing Parents?

The guiding principle in any divorce case involving children is the “best interests of the child” standard. Specifically, the court must consider the children’s best interests when approving a custody arrangement and child support amounts. This means if a judge finds that a divorcing couple’s proposed parenting plan does not uphold the child’s best interests, they would be unlikely to approve the agreement as is.

For this reason, we utilize the Standard Possession Order in our divorce decree. This is simplest way to be sure that visitation will be in the best interest of the children. Deviating from the SPO will require additional proof at the final hearing.

As for child support obligations, there is a formula that helps divorcing parents calculate an appropriate amount and frequency of payments. If couples choose to stray from that formula, they must be able to prove that doing so would better serve the child’s best interests. Texas courts will look at each party’s ability to financially care for the child, as well as any medical, education, travel, and other costs associated with providing for the child when deciding whether to approve an independently reached agreement in an uncontested divorce case involving children.

An Uncontested Divorce is Better for Everyone

Divorces can get messy, but if you and your ex are willing to work together, the whole family will likely be better off in the long run. A Texas uncontested divorce may present challenges when minor children are involved, but amicably ending the marriage is still possible.