Deciding to divorce is an important, often painful, decision since it dismantles a bond that was supposed to be a lifetime commitment. Nonetheless, if a divorce is uncontested, meaning that both parties agree on the need to divorce and on the arrangements to be made, the process can proceed without the turmoil and high level of stress most often associated with the process.
If you and your spouse live in or around the Dallas-Fort Worth area, the Youngberg Law Firm in Corinth, TX is available to help you. Mike is a well-respected divorce attorney whose knowledge of the Texas Family Code will keep you grounded. More than that, he is a compassionate person who wants your divorce to proceed as smoothly as possible.
Advantages of an Uncontested Divorce
There are several benefits to going through an uncontested, rather than a contested divorce, including that  it is finalized more quickly,  is less expensive  it is settled amicably  it makes it possible to maintain a civil tone for future interactions  at times it requires no contested courtroom appearances by either spouse.
However, while it might seem that there is no need to work with a divorce attorney in an uncontested divorce, this is not true. It is important for the Final Decree of Divorce to be written up by a divorce attorney to ensure that the terms the couple agree to are legally binding and accomplish the parties’ goals. When you engage the services of Mike Youngberg to work on your uncontested divorce, he will look out for your best interests and make sure that you don’t unwittingly agree to something that may cause you problems in the future. He will also draft and file all necessary documents so that you can keep your life on an even keel.
Criteria for an Uncontested Divorce in Texas
In order to obtain an uncontested divorce in Texas, you must meet the following requirements:
- You or your spouse must have lived in Texas for at least 6 months
- You or your spouse must have lived in the county in which you are filing for divorce for at least 90 days
- You and your spouse must agree on all issues of your divorce, including child custody, support, visitation and decision-making for any offspring in regards to education, medical care, and religion
If you and your spouse are rational in regard to your divorce and able to communicate without arguing, you may be good candidates for an uncontested divorce.
Both Spouses Must Agree on the Plan Going Forward
For an uncontested divorce to go forward in Texas, the couple must be able to agree on all major aspects of the divorce agreement, including division of marital assets and debts, child custody, support and visitation, and spousal maintenance (if any). Once both spouses sign the petition, it must also be signed by the judge to make it an official decree, but in Texas, the uncontested divorce decree cannot be finalized until at least 60 days after the date the petition was originally filed.
Types of Uncontested Divorces
Either spouse can begin the uncontested divorce process by filing a petition in Texas county district court. An uncontested divorce, interestingly, can be either at-fault or no-fault. An at-fault divorce, as the name suggests, assigns blame — such as infidelity or cruel treatment — to one spouse for the failure of the marriage. A no-fault divorce, by far the more common type used now in Texas, simply means that both spouses feel that the marriage is irreparably broken. In Texas law, this is known as “insupportability.”
Although in most cases of no-fault divorce the petitioner (the spouse filing for divorce) must serve notice on the other spouse, in uncontested no-fault divorces the respondent signs a waiver to indicate he or she doesn’t require notification. If the divorcing couple has children, in most Texas counties a parenting class is required for both parties, whether the divorce is uncontested or not.
Contact Youngberg Family Law To Get Through Your Divorce as Quickly as Possible
As with most difficult or painful tasks, the sooner you can put your divorce behind you the better you will feel. Let Mike Youngberg’s comprehensive knowledge of divorce law help you move through the steps of the divorce process efficiently and effectively. Don’t procrastinate. Contact us today to set up your consultation.