When you and your spouse decide to divorce, it is likely you have been experiencing stress in your marriage for a long time and are looking for a way to dissolve the marriage as quickly, inexpensively, and painlessly as possible.
A solution exists if you meet the qualifications for an uncontested divorce in Frisco. Uncontested divorce is not the right path for every couple, but if you and your spouse are on the same page and can communicate productively, it could work well for you.
Discuss your situation with an experienced divorce attorney before deciding how to proceed. A legal professional who knows how to handle your issues in a sensitive way could evaluate your circumstances, inform you of your rights, and help you navigate the process so your divorce proceeds quickly and smoothly.
Texas courts do not have jurisdiction over a divorce unless the couple meets state residency requirements. Texas Family Code §6.301 requires one spouse to have been a resident of Texas for at least six months before either spouse files for divorce. In addition, one spouse must have resided in a county for at least 90 days before either spouse can file a divorce petition there.
The requirements for military families are not as strict if one spouse is a Texas domiciliary. A person in the military could file for divorce in Texas even if they or their spouse are stationed elsewhere as long as one spouse has maintained a home as a permanent residence in Texas for at least six months and intends to return there.
Ensuring compliance with residency requirements can be tricky if a couple has moved often. A Frisco attorney could help a couple determine whether they meet the qualifications for an uncontested divorce.
A couple seeking an uncontested divorce must agree on a no-fault ground to cite as their reason for divorcing. Most couples seek an uncontested divorce on the ground their marriage is unsupportable, meaning they cannot get along and there is no chance of reconciliation. Neither spouse needs to present evidence of their inability to make the marriage work; the fact they agree the marriage is unsupportable is sufficient.
If a couple has been living separately for at least three years, they could cite separation as their grounds for divorce. A Frisco attorney could evaluate whether a couple could use separation as a qualification for an uncontested divorce.
If one spouse asserts a fault-based ground for divorce, like cruelty or adultery, and the other spouse disputes the assertion, the couple cannot pursue an uncontested divorce. However, an uncontested divorce could happen if the petitioner cites a fault-based ground when the respondent does not answer the divorce petition and the judge grants a default divorce.
Except in cases where a judge grants a default divorce, spouses must negotiate and sign a marital settlement agreement and Final Divorce Decree before a judge grants an uncontested divorce. The marital settlement agreement must address all the issues relevant to separating the couple’s legal and financial lives, including:
If the couple has minor children together, the settlement agreement must include a parenting plan describing in detail the living arrangements for the children (possession), a schedule for parenting time with the non-residential parent, division of parental decision-making responsibility (conservatorship), child support, and other relevant issues.
Many couples use a mediator to help them resolve matters in their settlement agreement, and other couples negotiate between themselves and reach consensus, but in either case, a couple should have a Frisco attorney review a settlement agreement before submitting it to the court.
A judge might hold a hearing to decide if a couple meets the qualifications for an uncontested divorce in Frisco. The spouses must confirm their reasons for divorcing, demonstrate they understand the content of the settlement agreement, and affirm they signed it willingly. If the judge issues a final divorce decree, the parties are free to marry 31 days later.
Getting an uncontested divorce is usually easier than a contested proceeding, but that does not mean it is simple. You could complicate matters and delay the marriage dissolution process if you file for an uncontested divorce without meeting the legal requirements.
Call today and talk to a compassionate family lawyer for information about qualifications for an uncontested divorce in Frisco.
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.
