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No Contest Divorce In Texas

For couples seeking a divorce in Texas, an uncontested or agreed divorce may seem like an attractive option. Sometimes referred to as a quick divorce in Texas, a true uncontested divorce allows some spouses to finalize a divorce with minimal delay and may cost less than a contested or litigated divorce, which typically requires more billable hours and attorney’s fees.

How to get a simple divorce in Texas

If you and your spouse have no assets, no real property and no minor children—and you agree about everything—an uncontested divorce in Texas may make sense for you. For the record, few couples meet those requirements but if you do, the process for an uncontested, agreed or no contest divorce in Texas is pretty straightforward. 

To file for an uncontested divorce in Texas, a couple must have resided in Texas for at least six months and in the county where the party is filing for divorce for a minimum of 90 days. From there, if both parties agree to the divorce, the process generally goes as follows (your county clerk can provide additional details and next steps):

  1. In order to initiate the divorce case, one party fills out and files the Original Petition for Divorce in the county where he or she resides. The petition notifies the court and spouse that the filing party wants a divorce. The party will also need to fill out and file a Civil Case Information Sheet at this time, and there may be other paperwork the county requires depending on where the party lives.
  2. Pay required filing fees, which range from $150-300, depending on the county where the Petition for Divorce is filed.
  3. The responding spouse signs a Waiver of Service form in front of a notary, which states the party doesn’t want to be formally served with the Petition for Divorce by a constable, sheriff or process server. This form must be signed at least one day after the Petition for Divorce is filed.
  4. Both parties fill out and sign the Final Decree of Divorce, which states what the court has ordered in the case. Information in the decree covers separate property and debts the individuals own or are responsible for; how any retirement funds will be split; name change if desired; and other details.
  5. After a mandatory 60-day waiting period, one or both parties appear in court in front of the judge to finalize the divorce. The judge will review all documents pertaining to the case, including the documents noted above and question the party or parties. (NOTE: Victims of family violence may be able to sidestep the waiting period with a Texas divorce 60-day waiver.)
  6. If the judge approves the divorce, he or she will sign the Final Decree of Divorce, which finalizes the divorce.

Nine reasons you shouldn’t file for uncontested divorce in Texas 

Many couples view their divorce as an easy divorce in Texas but most of those couples actually won’t qualify for an uncontested divorce. The state of Texas encourages couples NOT to file for an uncontested divorce in Texas under the following circumstances: 

  1. The spouses disagree about any issue related to the divorce.
  2. One of the spouses wants to file specific grounds for divorce, like cruelty or adultery.
  3. The wife is pregnant, even if the husband isn’t the father.
  4. The wife gave birth to a child by another man during the marriage.
  5. The couple has a child who is disabled (regardless of the child’s age).
  6. The couple shares a biological or adopted child who is either under 18 years of age or 18 years old and still attending high school.
  7. One of the spouses is requesting alimony—or spousal maintenance as it is referred to in Texas.
  8. One of the spouses owns or plans to buy real property, such as a home, building, piece of land or other real estate.
  9. One of the spouses has an ongoing bankruptcy case.

A number of these issues pertain to children, assets and debts, which frequently complicate divorce. Figuring out child custody, visitation and child support isn’t as easy as it might seem and couples often disagree about decisions pertaining to their kids. The laws pertaining to spousal support, property division and bankruptcies in Texas are also complex, and most couples benefit from seeking legal advice on these matters.

When an uncontested divorce gets complicated, hire a divorce attorney

While many people think they don’t need a lawyer to help with an uncontested divorce in Texas, hiring a reputable divorce attorney to help navigate the divorce process can prevent a lot of headaches. This is especially true when an uncontested divorce becomes contested or any distribution or transfer of property is involved.

In the example above, both parties agreed to get divorced, were aware that a divorce was in process and no community property or children were involved. There are other cases where one party will file for uncontested divorce in Texas, serve the other party with the Petition for Divorce and the responding party then files an answer contesting the divorce. We strongly recommend hiring a divorce attorney in such cases.

When a divorce is contested and no minor children are involved, community property or alimony—spousal maintenance in Texas—might be at issue. A divorce attorney can help negotiate a fair financial settlement and also ensure that any ancillary documents are filled out and filed appropriately.

For example, if the parties agree to share monies in their retirement accounts, a QDRO (qualified domestic relations order) must be filed. According to the Internal Revenue Service, a QDRO is “a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependents of a participant.”

Our Fort Worth family lawyers strongly recommend you hire an experienced family law attorney to help facilitate QDROs and other paperwork to transfer ownership of property. An attorney can help ensure you receive your fair share of property and fill out paperwork correctly. Paperwork filled out incorrectly could be rejected, or worse, bind you to an agreement you can’t reverse once your divorce is finalized.

Read about the three ways QDROs can go wrong during divorce here.

When to hire a mediation attorney to help with an uncontested divorce in Texas

If you and your spouse agree on everything, own no real property and don’t have minor children, you may not need an attorney. You can request the appropriate Texas uncontested divorce forms from your county clerk’s office or download them from the state’s website.

However, if you and your spouse agree on most things and need an impartial attorney to sort out a few details and prepare the Final Decree of Divorce, hiring a mediation attorney can simplify and even expedite the process.

For example, consider the case of an uncontested divorce in Texas with a child: 

The couple has sorted everything out regarding division of assets, as well as custody, visitation and access to the child, they just want to talk through a few issues and make sure paperwork is filled out accurately and filed. A mediation attorney with experience practicing family law can answer questions objectively and help the couple finalize their divorce.

Keep in mind, a mediation attorney for an uncontested divorce cannot offer legal advice to either party. If either party needs or would like legal advice, it’s best that each party hire a separate attorney to represent their individual interests. 

In addition, an uncontested divorce in Texas with children is rare because most parents don’t realize how many decisions they need to make for their kids in the short- and long-term or how the state views parental rights and duties as defined in the Texas Family Code. 

It’s also important to know the difference between a mediation attorney and a divorce mediator. Texas mediation attorneys are licensed to practice law in the state, while many mediators in Texas haven’t attended law school or earned a law degree. If you hire a mediator who doesn’t understand the intricacies of divorce, child custody, division of property, alimony, etc., you could end up with an unfavorable divorce and/or child custody settlement.

Learn about the costly risks and downsides of hiring a divorce mediator here.

Can I save money by getting an uncontested divorce in Texas?

If you are one of those rare couples who agree on everything, have no real property, don’t have kids and don’t need an attorney to facilitate the process, an uncontested divorce in Texas will only cost you your time and filing fees. So in that case, yes, you can save money by getting an uncontested divorce.

Couples who decide to hire a mediation attorney or separate divorce attorneys to help with divorce will have to pay attorney’s fees. If you and your spouse agree on most things and a mediation attorney makes sense for you, you can expect to pay about $3,500 or more in shared legal fees, along with court costs.

Learn more about how much it costs to get divorced in Texas here.

How can the Sisemore Law Firm help with my uncontested divorce?

If you’re not sure whether your simple divorce would be suitable for a no contest divorce in Texas, and you want to speak with a Fort Worth divorce lawyer, our Tarrant County law firm is here to help. The best way to start is by scheduling a confidential case review with our founder attorney Justin Sisemore.

During the 30-minute consultation, Justin will take a deep dive into your case and explain your options. If he agrees that you qualify for an uncontested divorce in Texas and believes you and your spouse could resolve your case with an objective mediation attorney, he will tell you so.

On the other hand, if Justin thinks your case is too complex—say you have children or issues related to division of property or bankruptcy—he may recommend you and your spouse retain separate divorce lawyers to represent you. Cooperative litigation sometimes works best for couples seeking an amicable divorce when they need multiple issues resolved.

Find out what you can expect during a case review with the Sisemore Law Firm here.

Contact the Sisemore Law Firm to learn more about uncontested divorce in Texas

If you live in Tarrant County and would like to speak with an experienced divorce attorney about divorce and child custody, please contact us. We can answer basic questions over the phone or online chat and would be happy to schedule a consultation for you with our founder Justin Sisemore. 

Justin and his team of attorneys and support staff have been helping Texas families with their divorce and child custody concerns since 2007 and are here to offer the honest, no-nonsense feedback you deserve. Contact us today!