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  • By: Travis Granger, Esq.
Two people are at a table with a lawyer, signing documents.Title,What You Need To Know About Uncontested Divorce In Texas.

In this article, you can discover…

  • What qualifies as an uncontested divorce in Texas.
  • The possible costs of an uncontested divorce.
  • The likely timeline to finalize an uncontested divorce in Texas.

What Qualifies As An Uncontested Divorce In Texas?

An uncontested divorce in Texas is where both spouses agree not only to end the marriage, but also agree on how they will divide their property and handle issues related to their children. These typically include custody, visitation, and decision-making responsibilities.

For a divorce to truly be uncontested, there must already be a basic understanding and mutual agreement on these key issues before the case moves forward. If a mutual agreement does not exist, the case will likely become contested at some point during the process.

How Much Does An Uncontested Divorce Cost Compared To A Contested Divorce?

If a married couple comes to me with all of the terms of their divorce already agreed upon, the cost is significantly lower. In that case, you’re essentially paying for an attorney to prepare the legal documents and ensure the filing process goes smoothly. That typically costs around $3,500. Which may seem like a lot, but it’s frankly a lot less than the alternative.

On the other hand, a contested divorce can start around $5,000. But from there, the cost can quickly rise depending on how each party responds and how complex or drawn-out the case becomes. The sky is the limit when it comes to the cost of a contested divorce.

How Long Does It Take To Finalize A Texas Uncontested Divorce From Start To Finish?

At a minimum, an uncontested divorce in Texas takes 60 days to finalize. This is because Texas law imposes a mandatory 60-day waiting period, or a “cooling off” period, after the initial filing to ensure that the filing wasn’t made impetuously.

In reality, it usually takes a little longer than that, mainly because you’ll also need to schedule a hearing to finalize things. How quickly the hearing occurs will ultimately depend on the court’s availability. But if everything is in order and both parties are on the same page, you can technically complete the process shortly after the 60-day mark.

What Are The Top Benefits Of Filing For An Uncontested Divorce?

One of the biggest benefits of filing for an uncontested divorce is the reduction of cost. When both spouses agree on how to divide property and handle issues related to their children, they avoid the legal fees that come with a drawn-out court battle. Instead of spending thousands fighting over assets, you can preserve more of what you both have.

Another major benefit, especially when children are involved, is the opportunity to build a healthier co-parenting relationship. When you avoid conflict during the divorce, you’re much more likely to maintain a mutual respect for your ex-partner and communicate more effectively with one another.

What Are The Biggest Misconceptions People Have About Uncontested Divorces?

One of the biggest misconceptions about uncontested divorces is the belief that a casual agreement between spouses will always hold up. People frequently come to me saying, “We’ve already agreed on everything!” simply because they had a conversation in the middle of the night one day.

Unfortunately, once the other spouse hires their own attorney, that agreement may begin to shift, because the other party learns about legal implications they hadn’t originally considered. It doesn’t mean they’re being deceptive or trying to pull a fast one. It’s about each person getting legal advice tailored to their situation.

When both sides have representation, things can change, and that’s a completely normal part of the process. What matters is staying open to communication and recognizing that even an uncontested divorce will involve some give-and-take so that both sides feel like they’re being heard.

Still Have Questions? Ready To Get Started?

For more information on uncontested divorce in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.

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