Uncontested Divorce Collin County

On the divorce spectrum, an uncontested divorce is probably one of the easiest of the various methods of terminating a marriage. If you are considering a divorce in Collin County and believe it will be uncontested, here’s what you need to know.

What is an Uncontested Divorce?

An uncontested divorce is either a default or an agreed divorce. Basically, it means that the two parties are in divorce settlement on the terms and what they want to happen in the divorce. They agree on issues related to the children, property division, and other things that often come up with a married couple decides to go their separate ways. Most of the time, an uncontested divorce is a faster and easier process than a contested divorce.

You don't have to have a lawyer who practices family law, but it helps, especially if they have extensive experience in family law.

Are an Agreed Divorce and a Default Divorce the Same as an Uncontested Divorce?

An uncontested is either a default or an agreed divorce. These two types of divorces are similar but do have some differences that make them distinctive.

• Agreed Divorce – The most common type of uncontested divorces. Both parties are in agreement on all the issues, including child support, visitation, custody, division of property, and alimony. Both parties have agreed to willingly sign the forms to file for divorce and terminate the marriage.
• Default Divorce – One party does not respond to the divorce petition even though they were notified and/or served the forms.

What are the Texas Laws for Uncontested Divorces?

Chapter 6 of Title 1 Subtitle C Dissolution of Marriage under the Texas State Family Code provides the framework for divorce in Texas. There are several parts to this:

• Residency Requirements – One of both spouses must have been residing in Texas for the six-month period preceding the filing. One or both spouses must be a resident of the county for the 90 days preceding the filing in the county where the suit is filed. A person who does not live in Texas but has a spouse who does and has been for a minimum of six months can file in the county where the spouse lives.
• Texas Attorney General’s Address Confidentiality Program – The party filing under the program will not have to disclose their address. The government will verify the address and keep that spouse’s address confidential. This is often used in cases of domestic violence.
• Grounds for divorce – Only one, the first one, does not assign fault and is the only ground allowed for an uncontested divorce.
• ~Insupportability – the differences or disagreements cannot be resolved, and the marriage cannot continue any longer.
• ~Cruelty – one party is guilty of being cruel to the other to the point that the victim can no longer bear living with that spouse.
• ~Adultery – one party cheated on the other.
• ~Felony Conviction – one spouse was convicted of a felony at some point during the marriage and was imprisoned for one year or more in federal or state prison without a pardon. This ground cannot be used if the spouse’s testimony was used to convict the other spouse.
• ~Abandonment – one spouse left the other, intending on abandoning them, and has stayed away for one year or more.
• ~Living Apart – the two have not lived together for three years or more
• ~Confinement in a Mental Hospital – one spouse has been confined in a private or state mental hospital for three years or more, and their mental disorder is not expected to improve.

This law also covers other aspects of the divorce process, such as the division of debts and assets as well as issues relating to children and the divorce settlement.

What is the Uncontested Divorce Process in Texas?

The divorce process in Texas, according to Texas Family Code, is straightforward. There are several steps to take:

• Meet the residency requirements
• Have a no-fault ground
• File for divorce with the correct papers, the original petition, and the paperwork needed, and have the other spouse served with copies of the divorce papers
• Ensure that both partners agree with everything in the divorce papers and both sign them or talk to a family law attorney about a default divorce
• Ensure that all issues, including debts, assets, property, alimony, and other interests, are worked out and included in the divorce papers
• The judge will determine that all is in order, and then the judge signs the papers and grants the divorce if neither spouse has any outstanding issues and both agree to the terms

What Happens After You Get Your Divorce Papers?

Once a spouse is served their divorce papers and they agree to all the terms, they can either show up on the court date to finalize or let their attorney handle it, so they don’t have to appear in court. This can take several business days to complete.

Is an Uncontested Divorce Collin County Texas Easy?

An uncontested divorce in Collin County can be very easy. As long as both agree, it is just a matter of filing the proper paperwork with the court. An experienced attorney can help you prepare and make sure that all your bases are covered.

How Long Does an Uncontested Divorce Take in Texas?

Most divorces in Texas take anywhere from six months to twelve months, but they are usually contested divorces or uncontested divorces that hit a snag and have issues. The average uncontested divorces, done correctly can take two or three months. This is why it is important to have a good attorney to help you complete all the necessary steps so you can get through your divorce quickly and easily.

What are the Collin County Divorce Forms Needed for an Uncontested Divorce?

There are several forms needed for a Texas divorce. Some of these forms only pertain to certain situations, so all forms will not be used by everyone.

• Civil Case Information Sheet
• Bureau of Vital Statistics Form
• Petition for Divorce
• Waiver of Service
• Certificate of Last Known Address
• Final Decree of Divorce, and
• Affidavit of Military Status
• Child Support Worksheet
• Income Withholding for Support Order

Do You Have to Go to Court for an Uncontested Divorce in Texas?

In some cases, the parties to an uncontested divorce do not have to appear in court. Other times they may only need to appear one time in a final hearing. The only way this can occur is for the divorce to be completely uncontested, and both are in full agreement. The best way to avoid any time in court is for both to have legal representation. Often the attorneys can appear on the spouses' behalf.

What is Divorce Court Like in Collin County?

If an appearance is required and both parties are in full agreement, the hearing is usually just a matter of standing in front of the judge and answering a couple of questions. Many times, though, a court appearance is not even necessary.

What is the Difference Between an Uncontested Divorce and a Contested Divorce?

Both parties agree on everything in an uncontested divorce. In a contested divorce, one or both spouses do not agree on at least one issue, usually several. The most common areas of disagreement are division of property, child custody and support, and alimony.

What Expenses and Fees are Involved?

An uncontested divorce is usually far less expensive than a contested divorce. The more clients do on their own, such as completing paperwork and filing the necessary documents with the court, the less expensive it is. If your financial situation is strained, this may be a good option.

Some of the more common expenses that one or both spouses must pay include:

• Filing fee
• Court fees
• Attorney fees for legal services
• Service fees

How are Child Related Issues Handled in a Texas Uncontested Divorce?

If both parties can agree on all the matters involving their children, then the judge will likely just look over the parenting plan to ensure that the best interests of the child are being met and that it complies with Texas law. If it does, then the court will have little involvement in the arrangement.

Some of the areas that are covered regarding children include:

• Child support
• Child custody
• Visitation

Can You Get Spousal Support in an Uncontested Divorce in Texas?

Texas law actually favors alimony agreements that are made through private contracts over spousal support that is ordered by the court. This means that a person can get spousal support because the spouse agree was determined outside of the court and not included in the divorce documents. Typically, one or both spouses’ attorneys will work to create an agreement that works for both.

How is Property Division Handled in an Uncontested Divorce in Collin County?

If both attorneys can draw up the agreement for property and asset division and both sign it, it does not affect the proceedings.

How Do You Resolve Disputes in an Uncontested Divorce in Texas?

If there are disputes in then it is not an uncontested divorce. It is a contested divorce and will be handled as such. If the divorce is still in the negotiation phase, they may request mediation, or their attorneys can negotiate terms that both can live with.

You may also look for a law firm that offers mediation. They will work with their clients to come to an agreement and avoid litigation or extending the divorce process.

Can You Get an Uncontested Divorce Pro Se in Texas?

Many people do opt for a pro se divorce when it is uncontested. This can work, but most of the time, they each should have an attorney to at least review their documents and ensure that everything is completed correctly. In some cases, you may even be able to get an online divorce.

Do I Need an Experienced Divorce Attorney In Collin County, Texas?

Having an experienced divorce attorney can make the difference between a year-long process and an uncontested divorce that only takes a few months to finalize. Your attorney can also make sure that your rights are protected and that you get all that you deserve in the divorce.

Contact our law office to schedule your free consultation. We serve Collin County, Denton County, Tarrant County, and the surrounding areas. Our customer care center is ready to help you schedule your appointment today to check eligibility to file an uncontested divorce.