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The increasing popularity of uncontested divorces

On Behalf of | Sep 28, 2022 | Divorce

From the initial proposal to the pageantry of a wedding ceremony, couples embark on new lives together. Yet, for a growing number of Texans, planning for the future involves ending a marriage.

As with many states, marital dissolutions in the Lone Star State continue to grow annually. Many who decide to separate often take the route of uncontested divorces.

A more peaceful process?

While contested divorces are rife with conflict, uncontested divorces are not as rancorous. Both sides find agreement on the terms and negotiate a settlement over asset and debt division, alimony, child custody, and other aspects involving the end of their wedded union.

Qualifying for an uncontested divorce requires the following:

  • No children under 18 years old or those with disabilities
  • The wife cannot be pregnant during the trial process
  • Spousal maintenance is not an issue
  • The soon-to-be exes are not involved in bankruptcy proceedings
  • Residents of the state for at least six months and living in the county for at least 90 delays prior to filing
  • Spouses must have lived apart for three or more years without sexual relations before the trial
  • A mutual settlement agreement is in place for the marital dissolution

The filing process involves one partying filing the petition and covers the filing fees. From there, a spouse is served with a legal notice and the divorce petition unless the spouse signs a waiver. After completing the final decree and having it signed by a judge, a mandatory “cooling off period” lasts 60 days.

A judge reviews the documents, questions both parties and then signs the decree, finalizing the divorce and ending the marriage.

Emotionally complex and legally challenging, ending a marriage is sometimes a necessary step to move on to a new chapter in life. The help of an attorney can ensure that every aspect is handled with attention to all the details.