When two individuals make the difficult decision to end their marriage, they can either go through a contested or an uncontested divorce. If the couple can agree on all aspects of their divorce, the situation is defined as an uncontested divorce. This means they will not have to go to court and argue their case before a judge.
While an uncontested divorce might appear to be the quickest and easiest option, it is essential to understand that an uncontested divorce does not necessarily mean there will be no conflict. It simply means the couple has agreed outside of court.
Just because a couple decides to go through an uncontested divorce, having a divorce attorney is still beneficial — but each spouse needs their own lawyer. Many important decisions still need to be finalized quickly, and a divorce lawyer from a family law firm plays an essential role in the process. At The Law Firm of William A. Walsh, our experienced Granbury uncontested divorce lawyers can help you advance the divorce process and protect your rights.
When deciding to go through an uncontested divorce, it is vital that both spouses sit down and openly discuss all aspects of the divorce. This includes things like child custody, visitation, child support, spousal support, division of assets, and any other issue that may be relevant to your situation. Once you know where you both stand on these issues, you can start to understand better how much legal intervention is necessary.
Sometimes, parting couples can quickly come to an agreement on all aspects of their divorce without the need for a lawyer. For example, the couple may agree on joint custody of their children and a fair visitation schedule. They may also agree on how to divide their assets and debts fairly for both parties. However, there may be some light conflict on other issues. For example, one spouse may want to keep the house while the other wants to sell it and split the proceeds. In cases like these, a lawyer can help mediate the situation and come to a fair resolution for both parties without having to officially deem the divorce as contested.
As you and your ex-partner are discussing the possibility of an uncontested divorce, use this checklist to ensure all aspects of your divorce have been considered:
Once you have considered these items, you can start working on reaching an agreement with your spouse. If you can reach an agreement, you can then begin filing for an uncontested divorce.
The time it takes to finalize an uncontested divorce in Texas depends on a few factors. One of the most significant factors is whether you and your spouse can reach a complete agreement on all aspects of the divorce. If you can agree on everything, the divorce process is much quicker. However, if there are any conflict areas, it is going to take longer to resolve. If you find yourself stuck on certain issues, you may want to consider mediation or hire a lawyer to help you reach an agreement faster.
Another factor that affects the amount of time it takes to finalize your divorce is whether you have any minor children. If you have minor children, the divorce process can take a bit longer as additional steps are needed to ensure a custody arrangement is fair and in the children’s best interests.
Generally speaking, if you and your spouse can reach an agreement on all aspects of the divorce and you do not have any minor children, the divorce process can be finalized in as little as six weeks. However, if you have minor children or have areas of conflict, it can take several months to finalize the divorce.
If your spouse doesn’t sign the uncontested divorce papers, you are at a standstill. You cannot finalize your divorce without their signature. The next step would be to file for a contested divorce. A contested divorce is a divorce where the parties cannot reach an agreement on one or more aspects of the divorce. Once a divorce is filed as contested, the court will then make all decisions regarding the divorce.
If you find yourself in a situation where your spouse refuses to sign the uncontested divorce papers, you should reach out to a lawyer who can help you navigate the next steps.
If you are ready to start your uncontested divorce, contact The Law Firm of William A. Walsh to schedule a consultation. We can help you understand the divorce process and what you need to do to finalize your divorce as quickly and efficiently as possible.