Reviewing “An Uncontested Divorce” In Texas

Many people ask “what is an uncontested divorce” in Texas. If both marital parties agree to divorce, it is considered a no-fault or uncontested divorce. Both individuals have similar or mutual reasons to divorce.

In reviewing what is an uncontested divorce Texas, neither individual in the marriage bears the higher burden of committing adultery, cruel or unusual treatment, abandonment, or felony conviction. For legal purposes, neither individual in the marriage bears the higher burden of committing adultery, cruel or unusual treatment, abandonment, or felony conviction.

Residence of Divorcing Spouses

Uncontested divorce must follow specific regulations and laws. Residency issues are an important element of getting an uncontested divorce in the state of Texas:

• For instance, one or both divorcing spouses must have resided in Texas for a minimum of six months prior to filing for divorce. Both residents must live in the county in which the divorce petition is filed for a minimum of 90 days.

• In addition, both former partners now live apart and have done so at least three years. Neither believes the marriage can be saved because of existing conflicts.

Divorce Process

Time is another essential element to getting an uncontested Texas divorce. The divorce process starts as one party serves the petition for divorce to the other. The responding individual must file his or her answer within 20 days.

After the legal papers are filed and both parties notably consent, Texas state law says the minimum processing time for divorce is exactly 61 days. The waiting period is non-negotiable, and the parties must wait 61 days for the divorce to process.

Divorce Court Hearing

The divorcing couple must attend a divorce hearing over which a family court judge presides after the waiting period. In the divorcing hearing, matters of property or child support and custody are reviewed.

If the couple has no property or children, the state of Texas still requires the divorce court hearing. At the conclusion of the hearing, the judge rules and usually agrees to the couple’s petition for divorce.

Texas Divorce Costs

Fees are charged for the divorce petition filing and service of paperwork in Texas. Actual costs of filing vary between state counties. The state of Texas reports the average cost of filing an uncontested divorce is about USD 300. Engaging a document preparation service helps many couples reduce the cost of divorce in Texas.