What Is an Uncontested Divorce in Texas?

 Posted on March 07, 2024 in Divorce

Every divorce is unique just the same as every marriage is unique and every person is unique. Although it is common to think about a couple going through a divorce as two people who cannot stand each other and seek to punish each other through their court proceedings, some couples simply do not fit that description. Some people can have what is called an uncontested divorce, and this article will explain what that means. For more information better tailored to you and your specific situation, you should speak with a knowledgeable San Antonio, TX divorce lawyer who can offer invaluable guidance.

How Does Uncontested Divorce Work?

Any couple that gets a divorce needs to ultimately reach a settlement that they can both accept. The settlement includes issues related to property division, asset division, alimony, child custody, child support, and more. Under certain circumstances, a couple can have what is known as an uncontested divorce, which means they have managed to resolve all the issues necessary for their divorce settlement and the court need not intervene.

Maybe they used a mediator to help them, and maybe they were able to do this directly without any external third parties. However they accomplished it, an uncontested divorce is a wonderful option for people who can make it work. It generally takes much less time and costs much less money than a typical divorce trial. The couple simply draws up the agreement they both find acceptable and submits it to the court for approval. If a judge deems it reasonable, they will approve it and issue a divorce decree, thus ending the marriage.

While uncontested divorce seems like an excellent option, it will not work under certain circumstances. For example, in a high-conflict divorce, it is unlikely the couple would manage to reach a balanced divorce settlement without court intervention. Additionally, if the marriage is in any way toxic or abusive and if there is a power imbalance, it is not advisable to even attempt an uncontested marriage. Often, for couples that have that type of dynamic, the spouse who is seemingly more powerful might be able to convince the other spouse to accept certain terms that would essentially be contrary to their best interests. While a good lawyer would be able to identify such attempts, it is best to simply have the divorce be settled through typical court proceedings aimed at ensuring a fair settlement for everyone involved.

Contact a San Antonio, TX Uncontested Divorce Attorney

If you believe you and your spouse can work together to formulate a mutually acceptable divorce settlement, a Bexar County, TX divorce lawyer can advise you on whether uncontested divorce might be the best option for you. At Brandon Wong & Associates, we have experience helping our clients from all sorts of backgrounds and marriage dynamics get settlements that serve their best interests. Call 210-201-3832 to find out how we can help you.