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What Makes a Divorce Uncontested?


Not all divorces have to end in bitter courtroom battles. Our divorce lawyer explains more.

Many people who want to end their marriage imagine a long and bitter courtroom battle. While this may be the way divorce is portrayed in movies and television shows, that is not usually the case. Today, uncontested divorces are becoming more popular, and they can greatly reduce the stress, cost, and length of any divorce case. Below, our San Antonio divorce lawyer explains further.

Understanding No-Fault Divorce in Texas

In Texas, couples can end their marriage by filing for divorce on grounds of fault or no fault. In a fault-based divorce, one spouse accuses the other of being to blame for the breakdown of the marriage. Adultery, abuse, abandonment, and mental incapacitation are just a few of the grounds for fault in divorce. When one spouse accuses the other of being to blame for the breakdown of the marriage, they must also prove those allegations.

In a no-fault divorce, neither spouse accuses the other of being to blame for the breakdown of the marriage. In these cases, the grounds are simply stated as being irreconcilable differences, also sometimes referred to as incompatibility or insupportability. In these cases, the spouse who files must only state that the marital relationship has broken down and that there is no chance of reconciliation.

No-fault divorces and uncontested divorces are not the same thing. Though, when a couple gets an uncontested divorce, they also file on the grounds of no fault.

Understanding Uncontested Divorces in Texas

An uncontested divorce in Texas is one in which both spouses agree to the different terms of divorce. These terms include property division, child custody, child support, and alimony. In an uncontested divorce, the couple must agree to every single term and settle their case out of court.

If a couple disagrees on even one term of the divorce, the case becomes contested. Still, this does not necessarily mean that the couple is in for a long courtroom battle. There are many ways to resolve differences in divorce, including mediation or negotiation.

When obtaining an uncontested divorce, the couple must still meet certain requirements. These include the residency requirement, which mandates that at least one of the spouses must have lived in the state for at least six months. One spouse must have lived in the county where the divorce was filed for at least three months. Lastly, even when getting an uncontested divorce, there is a waiting period of 60 days.

Call Our Divorce Lawyer in San Antonio Today

If you are thinking of ending your marriage, an uncontested divorce has many benefits. At Hoelscher Gebbia Cepeda, PLLC, our San Antonio divorce lawyer will make sure you meet the requirements and draft a settlement agreement that is fair so you can achieve your goals. Call us now at (210) 222-9132 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.