When you and your spouse are fortunate enough to be on the same page about the terms of your divorce, the law describes your legal separation as uncontested. In some cases, these proceedings involve less time in court than others, but going into the process prepared is still a good idea. You could benefit from talking to a local divorce attorney who helps you understand your options and whether the separation agreement is in your and, if applicable, your children’s best interests.

A Frisco uncontested divorce lawyer would be happy to work with you as you move through the legal process of ending your union with your spouse. Our compassionate attorneys are skilled negotiators who handle all family law matters in a sensitive way, easing tensions and fostering collaboration whenever possible.

Do You Still Go to Court in an Uncontested Divorce?

An uncontested divorce is where the spouses are in agreement on all issues concerning the marriage and the terms of separation. For example, they may work together to reach an agreement about an appropriate child custody arrangement, devise a way to distribute their assets between them, and settle on a spousal support schedule. In contrast, spouses in a contested divorce have different opinions about what should and should not happen as part of the final settlement.

Only the court has the authority to legally end a marriage through divorce. While the spouses may spend less time in front of a judge in an uncontested divorce, they still need to file legal paperwork and ask the judge for permission to dissolve the union. Furthermore, dissolution proceedings sometimes start out as contested but become uncontested if the spouses reach an out-of-court settlement.

Even though the uncontested dissolution of marriage proceedings often promises to be less complicated than in contested situations, it is still a momentous event that involves legal rights. An uncontested divorce attorney in Frisco could help spouses understand the implications of different courses of action and negotiate terms that work for them as they part ways and protect their individual interests.

What Are the Grounds for an Uncontested Divorce?

Under Texas Family Code § 6.001 through 6.007, people can end their marriages for numerous reasons, such as:

  • Cruelty
  • Adultery
  • Abandonment
  • Insupportability
  • Confinement in a mental institution

While the other reasons for separation are fault-based and usually require proof, insupportability is a no-fault basis for divorce. This means the spouses simply do not get along and have personality conflicts that make it impossible for the marriage to continue.

In uncontested legal splits, insupportability is the stated basis for the separation. In most situations, specifically crediting the other spouse’s behavior as the reason for the divorce makes it a contested case. This might be true even if they agree on everything else, including child support, custody, alimony, and property division.

Spouses also need to meet other requirements (e.g., residency) to qualify to end their marriage legally. A Frisco attorney could provide key insights and advice to those in the uncontested divorce process. For example, we could help people determine the correct basis for the separation, file legal paperwork, and prepare for court.

Call an Uncontested Divorce Attorney in Frisco for Assistance

Choosing to end your union can be a difficult but empowering decision, enabling you to rebuild and start a new chapter of your life. Whether you and your spouse agree on everything or not, having sound legal advice throughout the process sets up a strong foundation for the next stage of your journey.

Our law firm practices family law the right way by empowering people and arming them with ways to solve their problems, not create new ones. When you work with us, you get a seasoned team of people-first advocates who are familiar with all aspects of family law. Contact a Frisco uncontested divorce lawyer to schedule a consultation today.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson