Uncontested Divorce in Texas - What You Need To Know

Divorce can stir up a lot of tricky issues around finance, children, property and other assets. Most divorces in the US are uncontested, which means that both parties can come to agreement about the terms of the separation. This means there are no issues to argue over in court when the divorce is filed.

Divorce can be an emotional time, so negotiating towards compromises is not always easy, but when couples can present a court with a full agreement detailing all the issues of their separation, including related to finance, custody and support of children, division of property and other assets then the divorce is almost certain to be approved. Without this agreement spouses need to consult family law professionals, and this can push up the overall cost of the separation.

To file for divorce in Texas, at least one party must have resided in the state for at least a six month period, and remain in the county where the divorce has been filed for at least ninety days before the divorce petition is filed in court. Spouses are not required to formally serve their partner with the divorce papers. The divorce is simply filed and then a copy delivered to the partner.

In Texas there is an obligators sixty-day waiting period after the divorce is filed before it can be completed. This takes place during a final hearing at the local District Court, and it is compulsory for the petitioner to attend this hearing. After the divorce is finalized, there is a thirty-day period in which spouses cannot remarry, unless specifically agreed in the divorce proceedings.

It takes approximately seventy days to complete divorce proceedings in Texas, depending of course on the separation agreement. By completing some paperwork themselves, and reaching agreement on a range of important matters including finances, property and the custody and maintenance of children, spouses stand to save a great deal of money compared to the traditional route.

Every State in the US has different grounds for divorce, and Texas is one which recognises "no fault" divorce. This means that the breakdown of the relationship is not being blamed on a particular partner for a particular action or behaviour, rather that the marriage broke down and neither party were to blame for its deterioration.

The Marital Settlement Agreement is the document which details how partners are planning to divide property, assets, liabilities, child support and custody. This means that the uncontested divorce can be finalised and any arguments about division of property or finance is pre-empted by the written agreement.

John Mce writes on a number of subjects including Texas divorce, Texas divorce papers and Divorce in Texas.