Marriage can be difficult, and it is common for people to grow apart or no longer be happy together. In this situation, divorce may be the best option for both spouses to go on and live happy, healthy lives. If both parties agree on the terms of their separation, an uncontested divorce could provide a straightforward legal solution for ending the marriage without fault, including property division and other necessary arrangements.
An experienced divorce lawyer is here to help you understand how to start an uncontested divorce in The Colony. There are nuances in Texas law about when an uncontested divorce is appropriate and when it may be best to file for a traditional divorce. Our skilled attorney could review your situation and determine the most effective way to proceed. Call today to get started.
An uncontested divorce (also called a no-fault divorce) is appropriate when both spouses agree on all terms of their divorce and meet the residency requirement. Further, the parties cannot assert fault-based grounds for the divorce under Texas law (e.g., adultery or cruelty). Additionally, the parties must agree on how to divide their marital property.
If the couple shares children, they must also agree on how to divide parenting time and custody. An uncontested divorce may not be ideal for parties with children, as it requires additional legal research and negotiations to determine the appropriate child custody and support arrangement. A committed lawyer serving The Colony could help parties understand if an uncontested divorce suits their circumstances and how to start a divorce in court.
The first step in starting an uncontested divorce in The Colony is to fill out the appropriate forms. The form that the person filing for divorce must complete depends on whether they have children or property. For example, someone without children and who does not have marital property may be able to use the Texas Supreme Court-approved Original Divorce Petition.
When both parties complete the required paperwork, they will file all necessary documentation with the appropriate court and pay the filing fee. The fee covers the cost of filing the paperwork and officially opening the case. A couple may request permission to waive the fees if they cannot afford the filing fee.
The spouse filing for divorce can open a divorce case in the county where they or their spouse have lived for at least 90 days. Additionally, one or both of the parties must have resided in Texas for at least six months before filing the paperwork, or else the court may not legally be able to handle the case. A divorce attorney in The Colony has experience helping people navigate the nuanced Texas laws surrounding residency and legally ending a marriage.
Getting divorced can be an emotionally and psychologically draining experience, but it can also be the first step toward regaining your agency and finding space to breathe. An uncontested divorce offers a more straightforward option to end your marriage legally, but it is not for everyone. Before you file for an uncontested divorce, it is imperative to be aware of your legal rights and what you might be forfeiting in the process.
A diligent lawyer from our firm could help you understand how to start an uncontested divorce in The Colony and if it is appropriate in your situation. An attorney could perform the necessary legal and factual research to thoroughly understand all angles and advise you on the proper course of action. Let us support you by advocating for your legal rights and being your champion. Call today.
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.