Proceeding with an uncontested divorce in Texas can be simple if both spouses are able to agree upon the necessary matters (property settlement, child custody) and are able to communicate openly throughout the process. Many couples, however, arrive at unforeseen issues that they are unable to resolve with one another. Seeking the advice of the experienced attorneys at the Duke Firm, PC can be helpful in avoiding this type of situation and ensuring your anticipated uncontested divorce goes forward smoothly without the need for litigation.
There are a few basic laws that must be taken into consideration before going forward with divorce proceedings in Dallas or the state of Texas. State law requires that one partner in the marriage must have been a continuous Texas resident for six months, and have lived in the county in which the divorce petition is filed for 90 days prior to the filing date.
What to do for an Uncontested Divorce
Uncontested or no-fault divorces involve marriages where both partners have agreed to mutually divorce and neither partner wishes to place blame upon the other for the divorce. The spouses must have been either living apart for three or more years, or agree that the marriage has become “insupportable.” “Insupportability” is a term used in Texas law to refer to a marriage where one or both partners feel that the relationship has broken down beyond repair due to various factors, including: recurring financial hardship causing deterioration of relationship, inability to communicate effectively, fighting, emotional disconnection, or emotional or physical incompatibility viewed to be irreconcilable.
To begin a no-fault or uncontested divorce process, one spouse must present the other with a legal petition for divorce, called the Original Petition for Divorce. Your attorney can help you with the petition document and ensure it is filed appropriately with the responsible county authorities. The spouse filing for divorce is the Petitioner, and the other spouse is referred to as the Respondent.
A settlement must be reached through agreements made between the Petitioner and the Respondent for the divorce to be considered uncontested. Matters such as child custody, visitation, child support, and property division must be settled and contractually agreed upon before a divorce will be granted by the court. These matters can give rise to issues that may have been previously unidentified or overlooked, so having a trusted attorney on your side to oversee the process can avoid any unforeseen problems and ensure your best interests and those of your children are protected.
Call the Duke Firm at 888-314-5720 for a free legal consultation today if you are considering separating from your spouse and want skilled guidance for your no-fault or uncontested divorce, or collaborative divorce in Dallas. You can also fill out our web form for a prompt response.
