We Provide Uncontested Divorce Representation in Houston and Throughout Southeast Texas
At the Ramos Law Group, PLLC, we are committed to helping our clients find cost-effective, efficient solutions for unconested divorce. Our Houston uncontested divorce lawyers are skilled and experienced legal advocates you can trust. Do you have questions about an uncontested divorce case? Our family law team is more than ready to help. For a fully confidential, no-obligation initial consultation with a top Texas divorce lawyer, please call us at (713) 225-6200 or connect with us directly online.
Uncontested Divorce: Understanding the Basics
An uncontested divorce in Houston refers to a divorce in which both spouses agree on all issues related to the dissolution of their marriage. These issues may include the division of property and assets, spousal support, child custody, and child support. When both spouses can agree on these issues, the divorce process can be straightforward and less expensive, as there is no need for a trial or extensive negotiations. Instead, the parties can submit a settlement agreement to the court for approval.
Uncontested Divorce Process in Texas
Are you considering filing for an uncontested divorce in Texas? If so, you need to be sure that your case qualifies. Here are three key elements that you must meet to be eligible to get an uncontested divorce in Texas:
- You Must Satisfy the Texas Residency Requirement: Does your case meet the residency standard? It is a requirement to get any divorce in Texas. Under state regulations, at least one person must have resided in Texas for at least six months before filing the divorce. There is also a county-level rule. At least one party must have resided in the county where the uncontested divorce is initiated for a minimum of 90 days before filing the paperwork.
- You Must Agree on Grounds for Divorce (Usually No-Fault): In an uncontested divorce, both parties must agree on the grounds for the divorce. Texas recognizes fault and no-fault grounds for divorce, but most uncontested divorces are based on the no-fault grounds of “insupportability.” Broadly defined, the marriage has become insupportable due to discord or conflict. To file an uncontested divorce with our firm, both parties must agree to a no-fault divorce with grounds of “in supportability”
- You Must Settle Every Relevant Family Law Issue: Finally, you can only qualify for an uncontested divorce in Texas if you and your spouse can agree on all issues related to the dissolution of their marriage, including the division of property and assets, spousal support, child custody, and child support. If there are any unresolved issues, the divorce will be considered contested and must be resolved through negotiations, mediation or a trial.
What Does the Firm Require to Accept an Uncontested Divorce in Texas?
Our firm requires that both parties have a solid agreement on all issues and have an estate under $1,000,000. Both parties must voluntarily sign all documents, agree that only one party will hire an attorney, and agree to file with the grounds of “insupportability.” We will not accept a client under our uncontested divorce process if disagreements exist or an ongoing bankruptcy case exists.
Going Through a Contested Divorce?
If you and your spouse have not yet agreed on every term of your divorce, then it would be considered contested at the point of filing. Our attorneys are highly experienced with helping couples achieve either an amicable or contested divorce.
Learn More HereHow to File Uncontested Divorce Paperwork in Texas
The paperwork you will need to file for an uncontested divorce depends on a few factors, including whether or not you have any minor children and the amount and complexity of your property/assets. In general, the following steps are required to file for an uncontested divorce in Texas:
- Prepare a settlement agreement outlining the terms of the divorce (must address all relevant family law issues);
- Complete the necessary divorce forms, such as the petition for divorce and the waiver of service of process; and
- File the completed forms with the proper clerk of court—meaning in the county where you or your spouse has resided for at least 90 days.
When you are going through the divorce process, you must get all of the paperwork right. Even a seemingly minor error can cause delays or other problems. Do not go it alone. Our Houston uncontested divorce lawyers have the skills and experience to help you handle legal paperwork.
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Divorce – Think of the children
Work on being flexible with the other parent.
Uncontested Divorce
The importance of gathering information.
Tip – Filing your original petition
There are several things to gather and consider.
Know the Advantages of Getting an Uncontested Divorce
An uncontested divorce is the most effective and efficient for many people ending their marriage in Southeast Texas. It may be the right option for your situation. Notable advantages of getting an uncontested divorce include:
- Saves Time: An uncontested divorce can be finalized much quicker than a contested divorce, which can drag on for months or even years.
- Saves Money: Because there is less need for court appearances, negotiations, and legal fees, an uncontested divorce can be much less expensive than a contested divorce.
- Less Stressful: The lack of conflict and confrontation in an uncontested divorce can make the process less emotionally draining for both parties.
- More Control: As the parties agree on the terms of the divorce, they have more control over the outcome and can avoid having a judge make decisions for them.
- Greater Privacy: The details of an uncontested divorce can be kept private, whereas, in a contested divorce, all filings in the extended litigation are a matter of public record.
While there are benefits to an uncontested divorce, it is important to emphasize that it is not the right choice for every situation. You should not agree to an uncontested divorce in Texas
While there are benefits to an uncontested divorce, it is important to emphasize that it is not the right choice for every situation. You should not agree to an uncontested divorce in Texas unless you have resolved all relevant issues (property division, spousal support, custody, etc) in a satisfactory manner.
An Uncontested Divorce Could Potentially Become a Contested Divorce
There are married couples in Texas who enter the divorce process with a broad agreement that they are making the right decision and that they want to work together in a collaborative effort to reach a mutually agreeable settlement. These divorcing couples may opt for an uncontested divorce right from the beginning of the process. At the same time, there are also divorcing couples with a solid divorce agreement and who could eventually end in a contested divorce.
As noted previously, you can file for an uncontested divorce in Texas when all material issues—from property division to spousal support to child custody—have been resolved. If there are still matters in dispute, your case is, at least for the time being, will be considered a contested divorce. That being said, uncontested divorces can turn into contested divorces in Texas. It is not altogether uncommon for a Texas couple who believes they are locked into a solid agreement to find later issues where a dispute arises. However, if you can settle your divorce before going to court, you can still benefit from the uncontested divorce process.
Uncontested Divorce in Texas: Common Questions
Is an Uncontested Divorce A No-Fault Divorce in Texas?
Yes. Generally speaking, uncontested divorces are finalized on no-fault grounds. Although Texas remains a jurisdiction that offers several grounds for a fault-based divorce, Tex. Fam. Code § 6.001, allows any married couple to finalize their divorce on the no-fault grounds of insupportability. In effect, this means that neither you nor your spouse has to prove any sort of wrongdoing in order to end your marriage.
How Long Does It Take to Get an Uncontested Divorce in Texas?
While uncontested divorces are a lot faster than contested divorces, how long it will take still depends on several factors. Notably, Texas has a mandatory 60-day waiting period after filing for a divorce to be finalized. Most often, uncontested divorces take between 61 and 90 days to be completed once a comprehensive settlement agreement is in place. Assuming all necessary paperwork is filed correctly and both parties agree on all terms of the divorce, the court will typically grant the divorce after the waiting period has passed. Of course, if there are any complications or disputes, the uncontested divorce process may take longer than that.
Can I Use Mediation to Negotiate an Uncontested Divorce?
Yes. In fact, some couples choose to use mediation as a way to reach an agreement on the terms of their divorce, rather than going through the court system. In the mediation process, a neutral third party (the mediator) works with both parties to help them identify and address the issues that need to be resolved in order to reach a settlement. Mediation can be a cost-effective and efficient way to negotiate a divorce settlement and can help both parties feel more in control of the process. If you have any specific questions about mediation and divorce, our Houston family lawyers are here to help.
At our firm, we only use mediation in uncontested cases when couples agree on items we believe the judge will NOT approve outside of a mediated settlement agreement (MSA), such as a significantly lower child support amount than the standard.
Why Rely on the Texas Uncontested Divorce Attorney at the Ramos Law Group
An uncontested divorce is often less challenging than a contested divorce—but that certainly does not make the process easy. You need a strong and experienced advocate on your side. At the Ramos Law Group, PLLC, we are committed to providing the absolutely highest quality of personalized and proactive representation. Among other things, our Texas uncontested divorce attorneys can:
- Listen to what you have to say and explain the uncontested divorce process;
- Handle the divorce paperwork and gather relevant evidence/information;
- Advocate for you in mediation or another type of negotiation; and
- Take whatever legal action is required to ensure your rights/interests are protected.
Schedule a Confidential Consultation With Our Uncosted Divorce Law Firm
At the Ramos Law Group, PLLC, we have extensive experience handling uncontested divorce cases. If you have any questions about uncontested divorce, we are here to help. Call us now or (713) 597-8915 or send us a message through our website to set up your strictly private appointment with a lawyer. With law offices in Houston, The Woodlands, and Sugar Land, we provide uncontested divorce representation all across Southeastern Texas.