When both spouses in Texas mutually agree that divorce is right for them, it is referred to as an uncontested divorce. This type of marriage dissolution offers the couple certain advantages, but it may not suit everyone.
A divorce may be considered uncontested in two ways. The parties mutually agree on getting a divorce and reach accord on such issues as property distribution, alimony and child custody. In some states, having a child prevents a couple from following this option. There is another way a divorce may be considered uncontested. If one spouse files for divorce and the other spouse fails to respond within the time frame he or she has to respond to the divorce notification, the divorce might be considered uncontested.
The advantages of uncontested divorce are largely based on its lack of complexity and its timeliness. Without disagreements over property division and other issues, the process becomes simpler. Without the need for extensive informational exchange and disputes over resolution, an uncontested divorce may allow a couple to move on with their lives.
Prior to filing a divorce petition, it may be beneficial to speak with an attorney who understands family law procedures in Texas. Even if both partners agree, certain steps must be followed. One spouse must file for divorce and give notice to the other party. If there is no response, the divorce may proceed as uncontested. Likewise, if the notified spouse agrees to the divorce, it may proceed using a waiver of citation signifying such agreement. Once the divorce agreement is written, the spouses may present all documents to the court. An attorney can assist in preparing divorce papers and finalizing the divorce in court.