From the initial proposal to the pageantry of a wedding ceremony, couples embark on new lives together. Yet, for a growing number of Texans, planning for the future involves ending a marriage.
As with many states, marital dissolutions in the Lone Star State continue to grow annually. Many who decide to separate often take the route of uncontested divorces.
A more peaceful process?
While contested divorces are rife with conflict, uncontested divorces are not as rancorous. Both sides find agreement on the terms and negotiate a settlement over asset and debt division, alimony, child custody, and other aspects involving the end of their wedded union.
Qualifying for an uncontested divorce requires the following:
- No children under 18 years old or those with disabilities
- The wife cannot be pregnant during the trial process
- Spousal maintenance is not an issue
- The soon-to-be exes are not involved in bankruptcy proceedings
- Residents of the state for at least six months and living in the county for at least 90 delays prior to filing
- Spouses must have lived apart for three or more years without sexual relations before the trial
- A mutual settlement agreement is in place for the marital dissolution
The filing process involves one partying filing the petition and covers the filing fees. From there, a spouse is served with a legal notice and the divorce petition unless the spouse signs a waiver. After completing the final decree and having it signed by a judge, a mandatory “cooling off period” lasts 60 days.
A judge reviews the documents, questions both parties and then signs the decree, finalizing the divorce and ending the marriage.
Emotionally complex and legally challenging, ending a marriage is sometimes a necessary step to move on to a new chapter in life. The help of an attorney can ensure that every aspect is handled with attention to all the details.
