An uncontested divorce allows couples to avoid a long and drawn-out legal battle. Filing uncontested is a cost-efficient option that gives you and your spouse more control over the financial and practical details of your separation. Still, even when the two of you have an agreement going into your divorce, it can be an emotionally grueling experience.
Learn more about how to start an uncontested divorce in Frisco. When you have questions about the process, consult a local uncontested divorce attorney.
When determining the legal reason for a divorce, Texas recognizes both no-fault and fault-based grounds for the breakdown of a marriage. With respect to fault-based grounds, the person filing must prove misconduct such as adultery, domestic violence, or abandonment. It is rare that a couple seeking an uncontested divorce would identify fault-based reasons.
In uncontested divorces, couples tend to file under no-fault grounds, meaning that neither party is to blame for the ending of the marriage. Couples can file under irreconcilable differences or based on their living separate and apart for a certain amount of time. Once the legal grounds for the divorce are decided, it is time to consider the actual terms of the separation agreement.
Before filing for uncontested divorce in Frisco, a person should review Texas’s residency requirements. To obtain a divorce, either party must have lived in the state for at least six months and resided in the county where they plan to file for at least ninety days.
Before starting an uncontested divorce in Frisco, the couple should sit down and discuss how they want to address the terms of their marital settlement agreement. Common issues to consider include:
Couples may want to consider mediation to determine how they want to address the financial and practical terms of their agreement. When separating spouses are able to come to an agreement about these major issues, they can move forward with an uncontested divorce.
Once the terms of a divorce are decided, the spouse filing needs to prepare the necessary paperwork. It is helpful to retain a lawyer for this part of the process as they will know the procedure. After the forms for an uncontested divorce are prepared, the spouse must file it with the family court and pay the filing fees.
After the divorce petition is filed, the court will set a hearing. There is a 60-day mandatory waiting period before the couple can obtain their final divorce decree. Hearings for uncontested divorces resolve quickly, the judge will ensure all legal and procedural requirements are met and accept the couple’s divorce agreement.
Even when it is amicable, filing for a divorce is a daunting process. When you hire an attorney to represent you, they could help you prepare and then guide you through the entire process.
When you and your spouse agree on major terms of your separation agreement, it could save you a significant amount of time and money. As divorce lawyers, we could advise you on how to start an uncontested divorce in Frisco. Our legal professionals could even help you and your spouse develop a marital settlement agreement and a parenting plan. When you have any questions about the divorce process in Texas, contact us to schedule a free and confidential consultation.
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.