What You Need to Know About an Uncontested Divorce

Posted on : April 16, 2020

Deciding to end your marriage is a difficult decision indeed. However, if you and your ex-spouse are able to agree on the various aspects of your separation, such as child custody and property division, the entire process is bound to go much more smoothly. Here’s what you need to know about an uncontested divorce.

What Is an Uncontested Divorce?

Two things must be true in order for you to be a candidate for an uncontested divorce, including:

  • Your spouse agrees to the divorce, or doesn’t appear in the divorce action
  • You and your spouse are in agreement on all issues related to the divorce

The latter point is the most important when considering whether a divorce will be uncontested or contested. It is possible for the divorce to be uncontested on several matters, and then evolve into a contested divorce when one party decides to fight the other on a particular issue. Typically, uncontested divorces are resolved much more quickly than contested divorces, and can often times be done completely outside of court.

Mediation May Be Beneficial For You and Your Spouse

Few spouses who go into a divorce agree on every single matter relating to the separation. However, this does not mean that you can’t file for an uncontested divorce. The process of mediation involves working with an unbiased attorney in order to reach a compromise on various issues in the divorce outside of the courtroom. While you and your spouse may not be in agreement in the beginning, you can use the process of mediation to discuss alternative solutions that are acceptable to both of you. Then, you can use that information to file for a Texas uncontested divorce.

Uncontested Divorce Is Easier On Everyone Involved

While your first instinct may be to fight for what you deserve in a divorce, there are many reasons why an uncontested divorce may be better for you and your family. This is especially true if you and your spouse have children together. Contested divorces and custody battles are often very difficult for children to handle, and may cause animosity within the family. However, an uncontested divorce allows you and your ex-spouse to reach decisions about custody and other divorce issues quickly and with much less stress.

A Note About Filing For an Uncontested Divorce On Your Own

Many online agencies advertise the “do-it-yourself” uncontested divorce, where you pay a small fee to print out the forms that you will complete and send to the court. However, many couples have found themselves in a more complex situation after attempting a DIY divorce than they would have been had they consulted with a skilled Texas uncontested divorce attorney.

By working with an attorney from the get-go, you can ensure that all issues relating to your divorce are being addressed and that your paperwork is correct and submitted to the proper court in a timely fashion. If you have questions regarding an uncontested divorce, contact the experienced attorneys at the Bourlon Law Firm today to discuss your concerns.