Uncontested Divorce in Texas
When two people agree to end their marriage and agree on the terms of how their marriage is to end, they often file for an uncontested divorce.

January 21, 2012 /24-7PressRelease/ -- Uncontested Divorce in Texas

When two people agree to end their marriage and agree on the terms of how their marriage is to end, they often file for an uncontested divorce. In comparison, couples who have major disagreements over property arrangements and child custody will likely file for a contested divorce. An uncontested divorce in Texas can reduce costs and keep private details out of the public eye.

Filing for Uncontested Divorce

To file for divorcein Texas, one spouse must be a resident of the state for at least six straight months and reside in the county of filing for 90 continuous days. A divorce in Texas begins when one party serves the other with the Original Petition for Divorce. The Original Petition for Divorce is filed with the District Clerk of the county court. A Notice of Service of Process usually accompanies the Petition for Divorce and is usually personally served on the other spouse by a Sheriff or private server. If a settlement is in the works, service of the Notice can be waived.

If the non-filing spouse answers the Petition, it is most likely an indication that the non-filing spouse does not agree to the terms of the divorce and is likely preparing for a contested divorce. However, Texas allows for an uncontested divorce where the filing spouse and non-filing spouse agree on the terms and conditions of the divorce such as property division, child custody, visitation and child support.

In an uncontested divorce the non-filing spouse signs a Waiver that permits the case to be finished without the participation of the non-filing spouse. The filing spouse goes to court and proves the divorce with his or her attorney where the judge goes through a set of standard questions and ultimately approves the divorce. The non-filing spouse will also have to sign the Marital Settlement Agreement which outlines the terms of the divorce.

Benefits to Uncontested Divorce

Uncontested divorce allows many couples to go through the divorce process more quickly than a contested divorce. Since there are fewer hearings and less time spent on reaching an agreement, the cost of an uncontested divorce is generally lower than a contested divorce. Since parties typically do not depend on court proceedings to come to an agreement in uncontested divorce, there is also less conflict and therefore less private information that is put on public record. Though uncontested divorce is more amicable than a contested divorce, legal representation remains important.

If you are considering divorce in Texas and want to review the best legal options to reach your divorce agreement, contact an experienced Texas divorce attorney.

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