Qualifying for an Uncontested Divorce in Texas

Under state law, a married couple may undergo an uncontested divorce if it can be completed either by agreement or default. A divorce can be finalized through an agreement if you and your spouse are on the same page about significant marital issues and voluntarily sign the divorce decree found in our online 2-step divorce forms. Otherwise, if your spouse does not voluntarily sign the paperwork, your divorce may still be considered uncontested if they fail to appear in court or respond to your served divorce papers. To qualify for an uncontested divorce in Texas, you must meet specific requirements or risk having your divorce case dismissed.

Residency Requirements

Texas Family Code §6.301 states that an individual may file for divorce if they or their spouse has lived within the state for at least the past six months. If both spouses live in different Texas counties and each meets the requirement independently, either spouse may begin the uncontested divorce process in either county.

As long as the filing spouse meets the residency requirement, they will qualify to pursue a divorce in Texas, even if the other spouse lives in another state. Non-U.S. citizens may file for divorce in the state even if they do not have legal status within the country as long as they meet the residency requirements.

Agreement on Divorce Terms

If divorcing spouses cannot agree on the stipulations that will be included in their final divorce decree, they may not qualify for an uncontested marriage dissolution. One of the requirements of an agreed divorce is that there are no contested issues between the spouses.

Commonly contested issues that spouses should address before seeking an agreed divorce include:

Upon agreeing to these terms and including them in a signed final decree of divorce, you will qualify for an agreed uncontested divorce as long as the judge deems the agreement to be legally valid.

Steps to Take after Qualifying for an Uncontested Divorce

Once the judge signs off on the final decree of divorce, there are still steps the couple must take. After a judge deems that you qualify for an uncontested divorce in Texas, you must file the final decree of divorce with the local clerk’s office to finalize the dissolution of your marriage. After the legalities of divorce are complete, both spouses are responsible for dividing up the property according to the divorce decree.

Our uncontested Texas divorce forms will provide you with specific step-by-step instructions on how to dissolve a marriage. Download our divorce forms today to get started.

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