Uncontested Divorce in Texas

The beautiful thing about an uncontested divorce in Texas is that both parties agree to the divorce and, generally, things are amicable between the separating spouses. Some refer to these types of divorces as collaborative. This is the best situation in a divorce, especially when minor children are involved.

To file for an uncontested divorce in Texas (also referred to as an “agreed divorce"), the following criteria must be met:

• both spouses agree on the "grounds" (reason) for the divorce (see more on this below)

• the spouses both agree to end the marriage

• both spouses agree on all divorce-related issues, including child custody and child support, and

• there are no court orders for custody or support already in place.

• There is a mandatory waiting period of 61 days before a judge will sign the final divorce decree.

Often, those seeking to file for an uncontested divorce will typically either do it themselves (pro-se or, without legal representation) or use an online service. This is a popular route when there is agreement on the issues. However, there are pitfalls with this approach, especially if there are minor children and/or assets involved.

Google ‘uncontested divorce Texas’ and you will see a page full of results for “quick and easy” divorces starting at $129, with prices going up from there. Sounds like a steal, right? Well, the age-old saying “you get what you pay for” applies to a ‘quick’ divorce as well. While an uncontested divorce in Texas is a fairly straight-forward matter, going for the quick and easy solution can sometimes present more hurdles and pitfalls (especially in the future) than the instant results you are hoping for.

If your uncontested divorce involves assets (like a 401k, home, automobiles, stocks, crypto holdings, etc.) or even significant debt, taking the “quick and easy” approach can backfire fairly quickly, and possibly result in a complicated and unresolved financial situation after the divorce has been finalized. If you have minor children, it is even more risky. There are many issues that must be addressed during the process of drafting petitions, settlement agreements, and parenting plans (to name a few) that these inexpensive services rely on YOU to address. Do you know if there are any future consequences you could face if you agree to a 50/50 parenting plan? Do you know the cost of rolling over half of your 401k to your spouse? What does it mean if your spouse is the custodial parent? What happens if you forget to address your $35,000 joint credit card debt in your divorce papers? If you want to ensure that the process remains amicable now and well into the future, we encourage you to seek legal counsel.

At Martin Oostdyk, our attorneys specialize in uncontested Texas divorces with assets and/or minor children. Our Dallas-Fort Worth area family law attorneys understand how to craft language that protects both you and your spouse now and into the future while maintaining a spirit of collaboration. We offer full-service Texas divorce case management, unbundled Texas divorce services, and divorce coaching, all with the goal of adapting to almost any budget and needs. We believe so strongly that these ‘quick and easy’ services do more harm than good that we offer financing for our affordable legal services to ensure you are able to secure the family law legal representation that you need. Please feel free to schedule a complimentary 15-minute consultation by clicking below or calling us at (469) 414-9999; we would love to discuss your unique situation and explore how we can help you and your spouse achieve a peaceful and amicable divorce.

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