Not every divorce involves an irreconcilable couple or a courtroom proceeding. Uncontested.com allows you to get an online uncontested divorce in Texas to save time, money, and added stress during an already stressful period. Read on to discover more benefits of an online uncontested divorce, whether it’s an appropriate option for you, and if you qualify.
What is an Uncontested Divorce?
An uncontested divorce is one in which you and your spouse are in total agreement on each issue relevant to your specific situation. From division of property to child custody and beyond, you reach an agreement on all matters, alleviating the need for a trial or litigation. Also known as a no-fault divorce, an uncontested divorce is a faster, more affordable option for couples who have come to an agreement to end their marriage amicably with no fault falling on either person.
Is an Online Uncontested Divorce Legal in Texas?
This is a common question, so let’s alleviate any concerns immediately. An online uncontested divorce through a site like Uncontested.com is just as legal and binding in the state of Texas as a traditional, offline process. The only difference is the convenience of taking care of everything from your computer.
5 Benefits of an Uncontested Divorce
There are numerous benefits of getting an uncontested divorce in Texas (or any other state for that matter). Here are five substantial advantages over a contested divorce:
- Greater Convenience
Uncontested divorces don’t involve the lengthy battle over possessions, property, or children that are commonplace with many contested divorce cases because you and your spouse have already come to an agreement on these issues. Uncontested divorces can also be completed exclusively online without the need for legal consultations, in-person paperwork filing (in many counties), or court appearances.
- Less Money
In legal matters time is money. And since uncontested divorces can be completed much quicker without as much attorney intervention, they are often the least expensive method of separating.
- Faster Resolution
Once you’ve made the decision to separate, you want to get through the process as quickly as possible. With all issues agreed upon and no waiting for court schedules (in most counties), an uncontested divorce in Texas can be resolved much faster than a contested separation. Handling your uncontested divorce online through Uncontested.com can help you complete the process even faster.
- More Privacy
A contested divorce in a courtroom can involve divulging personal records and information during the discovery process. An uncontested divorce alleviates the need to publicize this information, offering you greater privacy. Furthermore, the law firm is subject to the rules of attorney-client privilege, which means that your personal details will remain confidential.
- Greater Control
Regardless of whether you opt for a contested or uncontested divorce, it’s in your best interest—as well as your spouse’s—to decide your own fate, rather than a judge. With a greater level of agreement between couples entering into an uncontested divorce, you can decide where you’re willing to concede and where you’re not, as opposed to a total stranger.
Qualifying for an Uncontested Divorce in Texas using Uncontested.com
To qualify for an uncontested divorce through Uncontested.com, you must meet the following criteria:
- You and your spouse agree to a no-fault “grounds” (reason) for the divorce
- You and your spouse both agree to end the marriage
- You and your spouse agree on all divorce-related issues, including the separation of assets and debts, child custody, and child support
- There are no protective orders in place
- Neither you nor your spouse are currently pregnant or expecting a child (including via surrogate)
- Neither you nor your spouse are currently involved in a bankruptcy case
- Your spouse can not be represented by a lawyer
Take our pre-approval questionnaire now to find out if you are eligible.
What are the Steps to Complete an Uncontested Divorce in Texas?
Following is a list of sequential steps you must take to complete your uncontested divorce in Texas:
- Meet the residency requirements (6 months residency in Texas and 90 days in a single county prior to filing for divorce)
- Complete and file your petition for divorce and any other forms required by your county with the district or county clerk (as appropriate)
- Pay your county’s required filing fee
- Serve your spouse, or have your spouse waive service. Your spouse will be expected to sign a Waiver of Service as part of the uncontested divorce process, so that you can bypass the need to pay for a process server.
- If your spouse fails to sign the Waiver of Service and doesn’t file an answer, you can choose to complete the divorce with a no-answer default, which allows the divorce to proceed without their participation (a no-answer default is an additional cost to the uncontested divorce service).
How Long Does It Take to Get an Uncontested Divorce in Texas?
Texas requires a minimum “cooling off” period of 60 days once a petition for divorce has been filed. So, an uncontested divorce in Texas can be finalized in a couple of months. The process is typically complete in a little as 80 days, although it can take longer depending on the county.
Do You Have to Go to Court for an Uncontested Divorce in Texas?
In many counties, the court will not ask you or your spouse to attend the final divorce hearing. Where possible, the law firm will take care of the final hearing on your behalf – although, if the court requires your presence, the law firm will let you know.
Do You Need a Lawyer for an Uncontested Divorce in Texas?
Most couples going through a divorce need guidance from a lawyer to ensure that they have considered all the available options, benefits, and risks in their agreement. Working with an Uncontested.com lawyer also provides the following benefits:
- Creation of all necessary documents by a legal expert
- Professional guidance and answers to any questions throughout the process
- Arrangement of your final hearing
So, while it is technically possible to complete an uncontested divorce in Texas without a lawyer, it is not recommended unless:
- You do not require legal advice of any kind and you can source and properly complete all of your own legal documents
- You are willing to submit yourself to the court process where, in some of the more populous counties, they might be experiencing delays of months and even years before you get to your final court date with a judge.
The comprehensive questionnaire available through Uncontested.com seeks to cover all aspects of a divorce, but you also have the backup of the law firm for added comfort if required. Contact Uncontested.com with any questions.
Is an Uncontested Divorce Suitable for Child Custody in Texas?
Cases in which child custody is a factor are better for children if they can be handled via a cordial, uncontested divorce. This is of course dependent on whether the visitation and child support (including medical and dental support) are in the child’s or children’s best interests.
Uncontested.com is an affordable, accessible, and convenient way to complete your divorce. Fill out our online preapproval questionnaire to see if you qualify today.