When you face irreconcilable marital complications, there are several benefits that come with an uncontested divorce. You could avoid the costly litigation that traditional divorce is known for. However, there are qualifications for an uncontested divorce in The Colony that must be met.
In addition to meeting state residency requirements, you must resolve the major issues in your divorce, such as child support or property division. You will also need to agree on the grounds for divorce with your spouse. Our seasoned family attorney could assist you with adequately addressing each of these qualifications before pursuing a petition for divorce.
Whether contested or uncontested, every divorce is bound by state residency requirements. These conditions are put in place to prevent non-residents from traveling to the state solely for the purpose of divorcing.
In The Colony, the residency requirement lasts for six months. That means one of the spouses must have lived in the state for six months before filing for divorce. It is important to note that only one spouse must meet this requirement, and it does not have to be the one that files the petition. If the petition is filed before the residency requirement is met, the court will have little choice but to dismiss it.
In addition to a statewide residency requirement, there is also one related to the county where the applicants reside. One of the spouses in the marriage must live in the county where the petition is filed 90 days before filing. During a confidential consultation, our experienced attorney can answer questions about the qualifications for an uncontested divorce in The Colony.
For both contested and uncontested divorces in The Colony, other issues must be addressed outside of technical qualifications, like residency. This includes agreeing on the legal reason—known as grounds—for the divorce. According to state law, this can be either “fault” or “no-fault” grounds. Typically, no-fault grounds are used in uncontested divorces.
Fault grounds—as the name implies—require the filing spouse to lay the blame for the divorce at the feet of the other party. Alternatively, no-fault grounds only require both spouses to agree that the marriage is “insupportable.” If both spouses acknowledge that there is little chance for reconciliation, these grounds have generally been met.
Lastly, it is necessary for both spouses to decide on all the important issues in their divorce. This includes financial issues such as the division of marital property and spousal support. It also includes issues related to their children, like child custody and child support.
There must be an agreement on these qualifications to pursue an uncontested divorce in The Colony. If there is any dispute at all, it must be resolved at trial through litigation, and the case is no longer considered an uncontested divorce.
The prospect of an uncontested divorce might seem like a good fit, but it is not always easy to determine if it is a realistic option for your divorce. A knowledgeable attorney could provide sound legal advice and help you understand the qualifications for an uncontested divorce in The Colony. To learn more about your options, reach out to our firm to schedule a 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.
