Can you file a Texas divorce uncontested? You may not believe it, but divorce and separation isn’t always a messy affair. There are times when it can go smoothly and with minimal friction from both parties, which will make proceedings faster.
How long does a divorce in Texas take depends on whether couples agree to separate and there are no disputes on how the case will be settled. Finalizing the divorce when there’s no contest will take 61 days according to the state’s law.
Let’s take a look at the general process, the factors that could lengthen the time it could take, and when you can file for an uncontested divorce.
What Does Uncontested Divorce Mean in Texas?
Divorces can either be contested or uncontested depending on what each party wants or needs. A contested divorce is what happens when there are problems regarding child support, child custody, property division, and spousal support.
For a case to be uncontested, both parties would agree on how the property would be divided, how child custody and support would be handled, and how much alimony would be given (if applicable).
In this phase, spouses will have to discuss and talk to each other regarding the important points. If they could not agree even on one thing, then the matter would be considered a contested divorce. However, with the help of a mediator or a divorce lawyer in Texas, then the disagreement can be quickly resolved.
Which Divorce Takes Longer, Uncontested or Contested Divorce?
The fastest time an uncontested divorce in Texas could take is 61 days, but only if both parties are in complete agreement.
There are certain factors that could affect the length of time to file a Texas divorce:
- Processing time of the court
- The time it takes to review, prepare, file, and revise court documents
- Caseload (hearing and case reviews)
- Finetuning negotiations and discussions
Why File for Texas Divorce Uncontested?
Divorces take longer when there are disputes, or when spouses cannot agree on the terms. The truth is that this rarely happens, but it’s a good option for those who want or have the following:
Lower Legal and Court Costs. Spouses can save money on lawyer fees and won’t have to spend too much time in court hearings. Hiring a good lawyer could take time as well.
Both Parties Want the Divorce to be Done Quickly. Whether for personal matters or other things, if both parties agree amicably on getting a divorce in Texas, then they should aim for an uncontested divorce.
No Children Involved. Spouses who do not have children and those who get along well can get their divorce cases settled faster.
No Disputes on Marital Property Division. If the two parties are on the same page and agree to divide all their marital assets.
Need a Divorce Lawyer in Texas for an Uncontested Divorce?
The Law Office of Allen Roach Texas is here to help if you need to smoothen out your uncontested divorce. If your goal is to get the divorce done as quickly as possible, contact us today.