Texas allows couples to request an uncontested divorce to help expedite the divorce process. This is ideal for couples who are recently married, don’t have a lot of assets to divide, have not had children through the marriage, and completely agree on all terms involved in the divorce settlement.
Even if you believe that you and your spouse qualify for this type of divorce, it’s important to work with an uncontested divorce lawyer who can help protect your interests. Despite its simplicity, an uncontested divorce could present legal issues down the road if not handled correctly.
Find out more about the benefits of working with a family law expert who can help you successfully complete this type of divorce.
Why You Need an Uncontested Divorce Lawyer in Texas
An uncontested divorce – or a simple divorce – is designed to be an easy way to legally dissolve a marriage without burdening the court with unnecessary court hearings or causing you to incur excessive costs on your end.
However, there are very specific requirements that must be satisfied. If you and your spouse disagree on any of the requirements, then you could be creating more harm than good by trying to quickly end the marriage.
As a divorce lawyer, I can help analyze your situation and ensure that you satisfy each of the following criteria for an uncontested divorce:
- You and your spouse have zero disagreements about any issue in your divorce.
- You or your spouse do not want to file specific grounds for divorce (e.g., there is no cruelty or adultery).
- The wife is not pregnant.
- The wife has not had a child by another man since the marriage began.
- There are no children through the marriage.
- Neither spouse is requesting spousal maintenance (or spousal support).
- You do not own real property (e.g., a house) through the marriage.
- There is no ongoing bankruptcy case.
- You or your spouse has lived in Texas for at least six months.
- You or your spouse has lived in the county where you are filing for divorce for at least 90 days.
Many couples seeking an uncontested divorce will satisfy most or almost all of the requirements, but there could be a few issues that could complicate the situation.
For example, one spouse might want to receive spousal maintenance. Or one party wants to record the grounds for divorce legally. In these types of situations, you would need to go through the standard divorce process.
However, suppose you and your spouse are confident that you satisfy all of the requirements. In that case, you should have a family law attorney review the situation to ensure that you are well-positioned to complete an uncontested divorce.
Without seeking the advice and help of an attorney, you could be putting yourself at risk. The short-term advantage of a simple, low-cost, efficient divorce could lead to long-term damages down the road needing to resolve issues that you did not carefully consider. For example, you could lose access to property that was yours before the marriage.
What often happens is one spouse feels pressured to complete an uncontested divorce so that everyone can move on and possibly re-marry someone else. If you feel like you are being pressured to end the marriage quickly, then take a moment to stop and consult with an attorney to make sure your rights are protected.
Re-Marriage Considerations Following an Uncontested Divorce
One of the most important issues during an uncontested divorce is re-marriage. Texas law states that a person cannot re-marry until 30 days after the Final Decree of Divorce is signed. This 30-day window is at the tail-end of another important period of time in an uncontested divorce.
When you file an original petition for an uncontested divorce, you must wait 61 days until a judge officially reviews the case and finalizes the divorce.
This is why many couples are in a hurry to go through an uncontested divorce because, at minimum, each spouse will have to wait three months if they desire to re-marry.
- Two months of waiting from the time of the petition being filed until it can be finalized.
- One month until a spouse can officially re-marry after the divorce is finalized.
If you want to re-marry following a divorce, or if your current spouse wants to re-marry after the divorce is finalized, then it’s a good idea to work with a family law attorney who can help you review all of the legal ramifications.
I can help. I’ll review your case and walk you through legal issues related to re-marriage following an uncontested divorce to ensure that you are not putting yourself in a difficult situation.
Work With an Uncontested Divorce Lawyer in Texas
If you are on the path to filing for an uncontested divorce in Texas, then allow me to provide you with legal support before completing the process.
I have worked with many individuals in your position to sort through the legal issues tied to an uncontested divorce. You don’t have to go at it alone. I’ll serve as your advocate to ensure that you understand what you agree to and protect your legal rights.
I currently help clients in Fort Bend County, Brazoria County, and Harris County with uncontested divorces. If you live in one of these counties, then reach out to me today to discuss the situation.
Call my offices today at 281-944-5485 or 979-267-7660 to find expert help from an uncontested divorce lawyer. I’ll help you feel confident about your decisions in the divorce process.