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What does it take to get an uncontested divorce in Texas?

On Behalf of | Jan 29, 2024 | Family Law

An uncontested divorce can seem like the best option if you’re worried about your divorce becoming a source of gossip or affecting your job. But remember, it’s not as simple as it sounds on paper. You must meet specific requirements and valid grounds for this type of divorce under Texas law.

Requirements for a no-conflict divorce

To be eligible for an uncontested divorce in Texas, you need to meet specific requirements. First and foremost, you or your spouse must have lived in Texas for no less than six months and in the county where you’re filing the divorce for at least three months.

Secondly, you need to ensure your reasons for wanting a divorce must fall under the ‘no-fault’ category in Texas. This could mean:

  • Irreconcilable differences leading to the breakdown of the marriage
  • A separation of three years
  • If your spouse has been institutionalized in a mental hospital

Most importantly, for an uncontested divorce, you and your spouse must agree on every aspect of the divorce process. This includes agreeing on how to split your assets and liabilities. If you have kids, you need to agree on custody and visitation rights. In addition, both of you must agree on whether alimony is necessary and, if so, what the terms will be.

Challenges in an uncontested divorce

Evidently, couples need to be on the same page about everything, from who gets the family pet to how you divide assets and debts. But it’s not always that simple. While an uncontested divorce might seem like the easiest route, it’s not always achievable. Certain issues can become stumbling blocks during the divorce process. For instance, disagreements or concerns over child custody and support might blur the goal of an uncontested divorce.

In such cases, consider seeking the help of an attorney. They can guide you toward achieving an uncontested settlement while providing legal support during this challenging process.