Uncontested Divorce FAQ

If you are looking to get divorced as quickly, efficiently, and economically as possible, then uncontested divorce may be the right option for you. Uncontested divorce allows you to get divorced in a matter of months, and without ever stepping foot in a courtroom. For many couples, it can provide a completely different experience to traditional divorce. In fact, it can even strengthen the parties’ relationship and communication skills, which is especially important if the parties have shared children whom they will be co-parenting. If you have questions about uncontested divorce, we will do our best to answer them here.

• How does uncontested divorce work?

In an uncontested divorce, the parties are able to avoid the traditional divorce which takes place in a courtroom at the mercy of a judge, and are instead able to resolve all issues related to their divorce settlement together. If the parties cannot agree on their own, they can utilize counsel or a neutral third-party mediator to help them come to a mutual resolution. Uncontested divorce may also be appropriate in cases in which the parties have a prenuptial agreement resolving all or many issues with regard to the divorce settlement agreement and child custody.  In esseance, you give your agreement to the attorey, who files a petition for divorce on your behalf and drafts the decree based on your agreement.

• Do I have to go to court to get divorced? 

No. If the parties are able to come to mutually acceptable resolutions for all issues related to their divorce settlement independently or with the help or attorneys of a mediator, then there will be nothing left that must be resolved in court. Instead the negotiated divorce agreement will simply be sent into court so that it can be ordered into effect by the judge. 

• Can I get an uncontested divorce in Texas?

Yes, it is absolutely possible to file for uncontested divorce in Texas. An attorney can help you ensure that all necessary issues have been resolved, as well as to draft a divorce settlement agreement. This agreement will then be submitted to the court so that it can be entered. 

• Does uncontested divorce work?

Yes. Many couples who do not have a history of successfully communicating or agreeing on just about anything are shocked to learn that uncontested divorce actually works in the vast majority of cases. However, in an uncontested divorce both parties are likely independently motivated to end the marriage as quickly and painlessly as possible. They also both have a vested interest in preserving their marital assets, so the quicker they come to a resolution, the less money is spent on legal fees. Additionally, couples who struggle have the option of utilizing attorneys or a third-party mediator who is trained in conflict resolution techniques. 

• How long does uncontested divorce take?

Every divorce is different. The amount of time that an uncontested divorce will take depends on the complexity of the case, the amount and diversity of assets to be divided, what issues need to be negotiated, the cooperation of the parties, and whether there are children involved. However, uncontested divorce is generally the fastest way for parties to obtain a divorce, taking as little as 61 days. In Texas there is a waiting period of 60 days that must elapse after filing the petition for divorce before a hearing can be granted. Most parties are able to use this time period to resolve all issues related to the divorce so that it can quickly be granted. 

• Is uncontested divorce expensive?

Uncontested divorce is the most cost-effective alternative to traditional divorce. In some cases, where couples have a comprehensive prenuptial agreement or are able to come to an agreement on all issues necessary for their divorce decree, they may only have to pay the filing charges and minimal legal fees. Uncontested divorce removes the need for litigation, which would otherwise be the cause for most costs related to a divorce, keeping the costs low. Whether parties choose to utilize attorneys or a mediator in negotiating their agreement will also impact the cost. This means that the parties have a great deal of control in determining how much they are willing to spend on the divorce and make choices accordingly. 

• What are the benefits of uncontested divorce?

Uncontested divorce can be mutually beneficial as it minimizes costs related to the divorce, preserving the assets to be divided between the parties. It is also the most efficient option, often taking the parties only two or three months to resolve all issues relating to their divorce and submitting their agreement to the court. Additionally, it is a more collaborative process, and the parties retain control over the decisions they need to make rather than putting them in the hands of a judge. Finally, uncontested divorce allows the parties to keep information related to their divorce private, as opposed to it becoming a matter of public record. 

• What happens if uncontested divorce does not work? 

If uncontested divorce does not work, you can simply transition to treating the divorce as contested.  You might be required to file an Amended Petition for Divorce and have the other party served with the Petition.

Another option would be to transition to a collaborative law case, in which the parties and their attorneys have a series of settlement conferences, following the collaborative law format, to reach agreements.

• What grounds for divorce do you choose for an uncontested divorce in Texas?

When you file for divorce, you have to state a reason. You have the option to select that the divorce is a fault-based divorce or that it is a no-fault divorce. What this is really asking you is whether you want the court to spend time determining whether the alleged fault occurred. In most cases, and in the case of uncontested divorce, it makes the most sense to file for a no-fault divorce, as a finding of fault is generally unnecessary and simply results in additional legal fees and a possible setback to your divorce if you are unable to prove the alleged fault. In order to file for an uncontested divorce, you should file for a no-fault divorce. 

Contact the Covington Law Firm, PLLC 

If you want to get divorced as quickly, painfully, and cost-effectively as possible, the Covington Law Firm can help. Contact the Covington Law Firm in Richmond, Texas, today to find out whether uncontested divorce is right for you and how to get started. The sooner you call, the sooner you can start your new life.